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Council Information Memorandum 10-02-1992
CITY COUNCIL INFORMATIONAL MEMORANDUM OCTOBER 2, 1992- UPCOMING 992 UPCOMING MEETINGS AND EVENTS .... I. CITY COUNCIL MEETING SCHEDULE FOR OCTOBER: OCT. 5 5:00 P.M. COUNCIL STUDY SESSION Council Conference Room TOPIC: Steve Polson, Polson Architects. Discussion of City Center Building Expansion Report. Agenda materials attached separately. 7:00 P.M. COUNCIL MEETING Council Chambers OCT. 19 5:00 P.M. COUNCIL STUDY SESSION Council Conference Room TOPICS: - Special Assessment Committee - -1993 Budget Proposals A draft agenda for Council review and comment is attached. OCT. 26 4:30 P.M. COUNCIL STUDY SESSION Council Conference Room TOPIC: 4:30 P.M. - Joint Council/Hennepin County Library Board Meeting 5:30 P.M. - Stephen Seidel, "Habitat for Humanity" A draft agenda for Council review and comment is attached. - 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 CITY COUNCIL INFORMATIONAL MEMORANDUM OCTOBER 2, 1992 PAGE 2 CITY COUNCIL MEETING SCHEDULE FOR OCTOBER (continued): OCT. 26 6:30 P.M. OCT. 26 7:00 P.M. PLYMOUTH FORUM Council Chambers COUNCIL MEETING Council Chambers 2. WATER QUALITY COMMITTEE -- Tuesday, October 6, 7:00 p.m. The Water Quality Committee will meet in the Council conference room. Agenda attached. (M-2) 3 PRAC MEETING CANCELLED-- The October 8 meeting of the Park and Recreation Advisory Commission has been cancelled. 4. SOUTH SHORE PARK GRAND OPENING -- Saturday, October 3. A grand opening ceremony for the new South Shore Park is scheduled from 11 a.m. to 1 p.m., with the ribbon cutting at 11:30 a.m. 5. BACHMAN' S GROUNDBREAKING -- Monday, October 5. A groundbreaking ceremony for the Bachman's Floral and Garden Center at 10050 6th Avenue North will take place at 10:30 a.m. A copy of the invitation is attached. (M-5) 6. COMMUNITY PREVENTION COALITION -- The Community Prevention Coalition organization will hold three meetings during October to discuss its long range activities for the next five years. Community and business leaders are being invited to attend one of three dates: Thursday, October 8, Monday; October 19, or Thursday, October 22. A letter and meeting agenda from Coalition is attached. Any member of the Council interested in attending should contact Laurie on Monday, October 5. (M-6) 7. PLYMOUTH DEVELOPMENT COUNCIL -- Wednesday, October 14, 7:30 a.m. Plymouth Development Council meeting in City Council conference room. Meeting announcement and agenda attached. (M-7) 8. PLYMOUTH CIVIC LEAGUE - APPRECIATION LUNCHEON -- Tuesday, October 13. Radisson Conference Center. Invitation attached. (M-8) CITY COUNCIL INFORMATIONAL MEMORANDUM OCTOBER 2, 1992 PAGE 3 9. PUBLIC WORKS GARAGE OPEN HOUSE -- Saturday, October 24. Residents will be invited to tour the renovated Public Works Garage at an open house on Saturday, October 24, from 1 to 4 p.m. Equipment will be on display and refreshments will be served: The letter sent to Plymouth Homeowner Associations is attached. (M-9) Open House for City employees - Wednesday, October 21 from 6 a.m. to 10 a.m. The employee open house will be held in conjunction with the annual United Way pancake breakfast. Councilmembers are invited to attend. Dial -a -Ride vehicles will provide shuttle service between the City Center and the garage at 15 minute intervals between 7:30 a.m. and 10 a.m. 10. HISTORY FEST -- Sunday, October 11. The Plymouth Historical Society's 2nd annual History Fest will be held at the Plymouth Historic Museum, 36th & Fernbrook Lane from 2 to 5 p.m. Additional information on afternoon events is attached. (M-10) 11. METROPOLITAN WASTE CONTROL COMMISSION WORKSHOP -- Thursday, October 22. The Metropolitan Waste Control Commission (MWCC) has developed a workshop for identified "stakeholders" to ' discuss the future of the metropolitan area's wastewater systems. "Stakeholders" include the seven -county metropolitan area communities, regulatory agencies (MPCA, EPA, and MDNR), Metropolitan Council and MWCC officials and staff, and consultants. The workshop will be held on October 22 at Spring Hill Center, Wayzata. A brochure and letter is attached. (M-11) 12. DOMESTIC VIOLENCE AWARENESS MONTH -- Home Free Shelter has supplied us with the attached brochure and flyer. The flyer has been posted at several locations in the City Center building. (M-12 ) 13. MEETING CALENDARS - City Center calendars for October through December, and City Council calendars for the upcoming six weeks are attached. (M-13) CITY COUNCIL INFORMATIONAL MEMORANDUM OCTOBER 2, 1992 PAGE 4 FOR YOUR INFORMATION.... 1. MAYOR'S ARTICLE FOR NOVEMBER EDITION -- Mayor Bergman has submitted the attached press release suggesting that it be used as the Mayor's article in the November Edition of the Plymouth News. Mayor Bergman is soliciting City Councilmember feedback on this subject. In the absence of such feedback, the Mayor has asked that this item be included as his column in the November Plymouth News. (I-1) 2. LETTER TO STATE AUDITOR -- Attached is a copy of the City Attorney's response to the State Auditor as directed by the City Council. (I-2) 3. PROPOSED LETTER FOR HOMEOWNER ASSOCIATIONS REGARDING CHARTER -- The attached draft letter is proposed to be sent out to homeowner association presidents next week to inform them that complete copies of the charter are available. If you have any suggestions for changes in the letter, please call Helen LaFave at 550-5016 by 4:30 p.m;. on Wednesday, October 7. (I-3) 4. FERNBROOK TOWNHOMES -- In an earlier information memorandum I advised the Council of the status of landscaping concerns by residents living adjacent to the proposed Fernbrook Townhomes. Attached is a letter to Chuck Dillerud from Brian Lubben, HBL Architects, representing Fernbrook Townhomes, which outlines four steps they intend to take in an effort to be responsive to resident concerns. We are not yet aware of resident reactions to this proposal. (I-4) 5. AIR CONDITIONING COMPLAINT - ST. PHILLIP THE DEACON CHURCH -- Attached is a memorandum from Chuck Dillerud, describing his meeting with homeowners and developer representatives associated with this Church regarding the air conditioner complaint. At the conclusion of the meeting, a compromise solution was reached which provided that the air conditioning units would be run only between the hours of 5 p.m. and 10:30 p.m. until further notice to reduce the time period during which the noise will be evident to adjacent properties. I am also attaching a letter from George Wilson, 17140 14th Avenue North. Mr. Wilson advises that the Church had the air conditioning units serviced for winter shut down on September 23, the day before the joint meeting on the site. (I-5) 6. ATTORNEY OPINION ON POLITICAL SUBDIVISIONS AS LOBBYIST PRINCIPALS Attorney Meller prepared the attached opinion on whether political subdivisions should file with the Minnesota Ethical Practices Board as lobbyist principals under the Ethics in Government Act. The City filed the lobbyist principal report in January, 1992. (I-6) 7. HEAD START FACILITY -- As part of his Transition Advisor responsibilities, attached is a report from Jim Willis on the proposed Head Start facility project in Brooklyn Park. Jim has accepted the City Manager position at Inver Grove Heights effective October 12. (I-7) CITY COUNCIL INFORMATIONAL MEMORANDUM OCTOBER 2, 1992 PAGE 5 8. QVC CLOSES PLYMOUTH FACILITY -- On Monday, September 28, ;QVC Network closed its Plymouth telecommunications facility. Approximately 500 full and part time employees were affected by the closing. Attached is the press release from QVC on the closing. (I-8) 9. AMM POSITION PAPERS -- Attached are position papers developed by the Association of Metropolitan Municipalities on the Local Government Trust Fund, Local Government Aid and Homestead Credit Aid, Transportation Funding, and Metropolitan Governance. The AMM suggests the papers be used by cities to educate and solicit responses from legislative candidates. (I-9) 10. MUNICIPAL LEGISLATION COMMISSION -- Member cities of the MLC have been asked to complete the attached evaluation form on the services of Messerli & Kramer/Bob Renner to the MLC over the past year. Councilmembers desiring to complete the evaluation should give me a call ori Monday with their ratings and comments. I will then compile the results and prepare an overall City evaluation. (1-10) 11. BASSETT CREEK WATER MANAGEMENT COMMISSION -- Attached is a copy of a press release sent by the Bassett Creek Water Management Commission to the local newspapers. The press release covers the Commission's activities during the past year. (1- 11) 12. HRA RESIGNATION -- Lloyd Ricker has submitted his resignation as a member of the Plymouth HRA. His resignation letter is attached. Also attached are the statutory provisions related to appointment, approval, term and vacancy. (I-12) 13. GENERAL ELECTION UPDATE --The attached update is prepared for City employees who receive questions from residents on the General Election. As of today, we have received approximately 325 requests for absentee ballots for the General Election. Absentee ballots will be picked up from Hennepin County on Monday, October 5. Beginning Tuesday, October 6, residents may vote their ballots in person at the City Center or take their ballot with them. Important to note, is that an individual may not take a ballot for another voter with them. If Council members have questions on the general election, please contact either Laurie or Judy. (1-13) 14. MINUTES: a) Park and Recreation Advisory Commission, September 10, 1992. (I -14a) b) Plymouth Forum Notes, September 21, 1992. (I -14b) c) Shingle Creek Watershed Management Commission. (I -14c) CITY COUNCIL INFORMATIONAL MEMORANDUM OCTOBER 2, 1992 PAGE 6 15. PLYMOUTH METROLINK -- The attached flyer will be distributed to University of Minnesota commuters on the Plymouth Metrolink service. (I-15) 16. PERSONNEL: a. FIRE CHIEF UPDATE -- I am pleased to report that Rick Kline has been appointed Plymouth Fire Chief effective November 30, 1992. The appointment is contingent on a successful completion of a physical, a psychological examination, and a background investigation. Rick is currently volunteer Fire Chief of the Goshen, Pennsylvania Fire Company. His full time position is that of Safety Supervisor with E. I. Dupont de Nemours in Wilmington, Delaware. b. CORRESPONDENCE: 1) Letters to Dennis Paulson and Tom Saba on their new assignments in the Public Safety Department. 2) Letter of appreciation to Plymouth Fire Department from Dan & Janet Boldenow, 11405 39th Avenue. 3) Letter from Matt Peskin, National Project Coordinator for National Association of Town Watch, to Officer Karen Forslund, advising that Plymouth had been selected as "Rookie of the Year" for its outstanding participation in the National Night Out program. 4) Letter of appreciation from Earl Peterson, President, Cimarron East Homeowners Association; to Tom Vetsch and Public Works employees.. 5) Letter of appreciation from Vicki Lucking, TwinWest Chamber, to Frank Boyles, for work on the Chamber's Economic Development Committee. (I-16) 17. CORRESPONDENCE: a. Letter from Vern Peterson, AMM Executive Director, concerning the City discontinuing its AMM membership. (1-17a) b. Letter to Tony Chen, from John Boyle, Assistant City Attorney, regarding Mr. Chen's animal -at -large citation. (I -17b) c. Letter to Steven Laible, Peat Marwick Certified Public Accountants, from Acting City Manager, requesting an audit of City Manager vacation accrual and usage. (:I -17c) CITY COUNCIL INFORMATIONAL AM40RANDUM OCTOBER 2, 1992 PAGE 7 d. Letter from Hugh and Mary Norsted, 4075 Goldenrod Lane, to Mayor and City Council, regarding proposed amendment to the Mission PUD by Baton Corporation. (I -17d) e. Letter from Lee Mosher, attorney representing David and Linda Buchele, to the Cities of Maple Grove and Plymouth, regarding a retaining wall encroachment. (I -17e) f. Letter to City Attorney from Fred Moore, asking for an opinion on a letter from James Tiller on the City's responsibility to maintain natural drainage ways. I -17f) g. Letter from Paul Kaminski, Best and Flanagan, to Helen LaFave, regarding the right of the newspaper to place a newspaper tube on a mailbox. An article will appear in the October Plymouth News on this subject in accordance with Council direction. (I -17g) h. Letter responding to Mr. Jeff Olson, 4750 Quaker Lane, from Fred Moore, concerning the maintenance of a pond located behind Mr. Olson's home. (1-17h) i. Letter sent to residents who have stated concern with the Soo Line train whistle from Acting City Manager. The letter provides a status report on a possible train whistle ban in Plymouth as directed by the City Council. (I -17i) j. Letter received from Russell King and Bridget Jodell requesting that landscaping improvements at South Shore Park be included in the 1993-1997 Capital Improvement Program. This letter will be included in the information materials provided to the City Council when you consider this issue later this month. (I -17j) k. Letter from Mark Ryan, Plymouth Metrolink Project Manager, to National Bus Company regarding various transit issues and confirming that Mark will be leaving city employment on October 9 to assume a position with Lorenz Bus Service. I am seeking a replacement for Mark. (I -17k) Frank Boyles Acting City Manager CITY COUNCIL STUDY SESSION OCTOBER 19, 1992 ail 9 . �k�- ,. I. SPECIAL ASSESSMENT COMMITTEE • 1991 Street Reconstruction • 1992 Street Reconstruction • Medina Road H. 1993 BUDGET PROPOSALS • Storm Sewer Utility • Contingency Account • Franchise Fees • Preventive Inspection M 1 CIM OU 2 '92 CITY COUNCIL STUDY SESSION OCTOBER 26, 1992 4:30 P.M. 4:30 p.m. - DINNER m -I I. JOINT CITY COUNCIL/HENNEPIN COUNTY LIBRARY BOARD MEETING • Site update • Amount of land required • Project timetable/budget commitment. • Real Estate Purchase Agreement. H. HABITAT FOR HUMANITY - STEPHEN SEIDEL • Purpose of the program • How it works • Role of the City 6:30 p.m. - Adjourn elm w 2 192 WATER QUALITY COMMITTEE AGENDA FOR OCTOBER 6, 1992 7:00 P.M. 7:00 p.m. Review August 4, 1992 Minutes 7:05 Introduction to Fertilizer Management Program INFORMAL PRESENTATIONS 7:15 Hennepin County Soils & Water - Joel Settles - Water quality & effect of fertilizers/nutrients loading 7:30 Minnesota Extension Service - Bob Mugaas - Soils analysis, Fertilizer composition and application - rates 7:45 Evergreen Lawn - Robert Hufford Application rates, Various types of application (spray, solid, etc.) 8:00 Dundee Nursery - Wayne Chambard Various types of fertilizers, alternatives to the standard fertilizers and alternative lawn planting 8:15 Open discussion CIM OCT 2 '9,L M-5 Please join us for the Groundbreaking Ceremony of our newest Floral and Garden Center in Plymouth. 10:30 a.m., Monday, October 5, 1992 10050 Sixth Avenue North, Plymouth Hope to see you there. om OCT 2 '92 COMMUNITY PREVENTION COALITION Reducing Alcohol, Tobacco and Other Drug Problems in Hennepin County c/o Hennepin County Prevention Center September 14, 1992 Kim Bergman, Plymouth, City of 3400 Plymouth Blvd. Plymouth, MN 55447- Dear Kim: 525 Portland Avenue South Minneapolis, MN" 55415- (612) 5415_(612) 348-6122 The Community Prevention Coalition is an active group of agencies and organizations working together since April of 1991 to reduce chemical use among youth in Hennepin County. As a leader or decision -maker in your organization, we are asking you to participate in an important next step for the Coalition. You are invited to attend an important meeting in October where you will have the opportunity to help set the direction for Coalition activities for the next five years. The Community Prevention Coalition is at a critical point in its development. In 1992 the Coalition completed a year-long process to assess chemical use prevention needs in Hennepin County. In the process, information was gathered from approximately 10,000 young people, 1000 patents and 500 community opinion leaders. Community members have identified their needs, resources and concerns. In October, a one -day Coalition meeting will be held in three different Hennepin County locations. We encourage you to attend one of these meetings to examine the results of the community needs assessment and establish priorities that will be the basis of a five-year plan for collaborative action in our community. If your organization is currently a Coalition member or wants to assess whether or not to become active with the Coalition, now is the time to attend one of the upcoming meetings to help set the course for the Coalition's future Work. M_ LP Who should attend these Coalition meetings? Key decision -makers (executive directors, chief executive officers and/or designees) in organizations concerned about youth chemical use ; representatives of current Coalition organizations and those interested in becoming involved; youth and adults in local organizations working together in leadership positions. Most importantly, people should attend who plan to have their organization remain involved with the Coalition as it carries out its five-year plan to reduce youth chemical use problems. Meeting participants will be asked to examine the needs assessment results looking at chemical use prevention needs and resources in Hennepin County and to help prioritize areas for action. The report will be sent to registered participants in advance so that you will have an opportunity to look at the results before the meeting. Meeting participants will be involved in a critical step which will set the focus of the Coalition for the next five years. Participants will receive: a copy of 'Perspectives on Prevention", a summary report of the Community Prevention Coalition needs/resources assessment CIM OCT 2 y� M_ CPC Meeting Notice 9/14/92 — Page 2 • detailed information that can be used by your organization for local needs assessment, program planning, and grant writing • networking opportunities with a diverse group of local organizations concerned about youth chemical use and its implications Choose one of three meeting dates and locations: Thursday, October 8 Brooklyn Park The Clubhouse at Edinburgh 8700 Edinbrook Crossing Monday, October 19 Minnetonka Marriott Hotel, OPUS Development Highway 169 and Londonderry Road Thursday, October 22 Minneapolis West River Point Conference Center 1315 West River - Road North Please complete the enclosed reservation card and return it to the Community Prevention Coalition office no later than Thursday, October 1 in order to reserve a space at the meeting of your choice. We will send a copy of the completed "Perspectives on Prevention" report to each registered participant prior to the meeting and a map with directions to the meeting site you plan to attend. Lunch will be provided at no charge at each meeting. If you have questions about the Coalition or the upcoming meetings, please contact the Coalition office at the Hennepin County Prevention Center, 348-6122. Sincerely Sam Grant Pamela Mountin Chairperson, CPC Executive Committee Chairperson, CPC Long -Range Planning Committee Mark Lucas Project Director, Community Prevention Coalition Attachments: Preliminary Meeting Agenda RSVP' card CIM 00 2 u m-(00 COMMUNITY PREVENTION COALITION Reducing Alcohol, Tobacco and Other Drug Problems in Hennepin County c/o Hennepin County Prevention Center 525 Portland Avenue South Minneapolis, MN 55415 (612) 348-6122 Community Prevention Coalition Long Range Planning Meetings Thursday, October 8, 1992 Brooklyn Park, Golf Club at Edinburgh Monday, October 19, 1992 Minnetonka, Marriott Hotel Thursday, October 22, 1992 Minneapolis, West River Point These meetings are being co-sponsored by Northwest Hennepin Human Services Council and South Hennepin Regional Planning Agency for, Human Services. Preliminary Agenda 8:00 Registration, Coffee, Rolls Overview of Community Prevention Coalition History Summary of Needs/Resources Assessment Results Setting Priorities for Coalition Action 12:15 Lunch Methods and Strategies for Identified Priority Areas: What can the Coalition do? Developing a long-range plan for the Coalition: Next Steps 2:45 Adjourn CIM OC12 '92 0 m -k4 am OCT 2 192 3 a. o M > CIS > .0 Q C - C a „ in Q a00i a � � U � y O z. o y l� z m -k4 am OCT 2 192 M---7 F1� o CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447 DATE: September 24, 1992 TO: Plymouth Development Council FROM: Peter Pflaum, Chair SUBJECT: OCTOBER 14 DEVELOPMENT COUNCIL MEETING The Plymouth Development Council meeting is scheduled for Wednesday, October 14 at 7:30 a.m. in the Plymouth City Center, City Council conference room. The agenda is as follows: I. Status Reports: 1. Introduce new Public Safety Director - Frank Boyles 2. City Manager Recruitment and Selection Process and Timetable - Frank Boyles 3 1993-1997 Capital Improvement Program - Fred Moore 4. Erosion Control Issues (see attached) - Chuck Dillerud 5. Comprehensive Plan Amendments - Chuck Dillerud H. Status of Various Zoning Ordinance Amendments 1. Screening of Trash/Recycling Containers - Chuck Dillerud 2. Planned Unit Development Standards - Chuck Dillerud III. Other Business Adjourn - 9:00 a.m. cc: Mayor & City Council Chuck Dillerud, Director of Planning & Community Development Fred Moore, Public Works Director Joe Ryan, Building Official Craig Gerdes, Director of Public Safety Frank Boyles, Acting City Manager OCT 2 September 24, 1992 Mayor Kim Bergman City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Mayor Bergman: iV �fV f v The Plymouth Gime League The Board of Directors of the Plymouth Civic League invites you to attend our Tuesday, October 13 Civic League luncheon. At our luncheon, we want to recognize your firm's contribution as a Platinum Guarantor to the 1992 20th Anniversary Music in Plymouth program. In recognition of your generous support, we wish to present to you a framed poster, autographed by the Guest Conductor of the Minnesota Orchestra, Mark Russell Smith. With this in mind, we invite one or two members of your firm to be our guests for lunch at 12:00 noon, in the Plymouth Room, at the Radisson Conference Center in Plymouth (formerly Scanticon). Please call me with the names of the individuals who will be in attendance by Thursday, October 8. My phone number is 559-3099. On behalf of the Board of Directors, we wish to thank you for your outstanding support for Music In Plymouth - the 20th Anniversary and look forward to seeing you on October 13. Sincerely, Barbara J. W' s President ., CIM SEP 25'92 C1M OCT c WA.W M -:q �9 �b October 2, 1992 plwc Homeowner Association Presidents . PUMOUTR SUBJECT: PLYMOUTH MAINTENANCE FACILITY OPEN HOUSE Dear President: Please share the following information with members of your association. Open House Planned for October 24 The public is invited to get a "behind the scene" look at our community's newly renovated and expanded Plymouth Maintenance Facility, 14900 - 23rd Avenue North, on Saturday, October 24, 1-4 p.m. Refreshments will be served and staff members will be on hand to answer questions as citizens tour the new building and view the equipment that will be on display. This is a great family event. Young and old alike will have a chance to get an "up close view" of snowplows, graders, one -ton trucks, and other equipment used to maintain our streets, parks, and water and sewer lines. The City is proud of this fine facility and we encourage you and your family to join in the fun. A limited number of pumpkins will be given away on a first come, first serve basis. Thanks for sharing this information with your members. We hope to see you and your neighbors at the open house on Saturday, October 24. If you have any questions, call me at 550-5016. Sincerely, Helen LaFave Communications Coordinator HL:keb CIM w Z 'yG 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 K� PLYMOUTH'S'.2ND ANNUAL HISTORY FEST. AN OLD FASHIONED SUNDAY AFTERNOON Sponsored hy: Plymouth Historical Society City of Plymouth Parks and Recreation Dept. Sharon Anderson, Realtor, Re/Max Results, Plymouth 1 MUSEUM LOCATION: 36th & Fernbrook Lane SUNDAY, , , I 'i �� FURTHER INFORMATION: `` , Sharon Anderson - 591-6033 OCTOBER 11��� 2:00 TO 5:00 Free Museum Tours * Free Concerts ; Music by the Twin Cities Brass Quintet and the Plymouth Rockers Puppet Shows by the Messiah United Methodist Church Puppets Old Fashioned Family Games and Activities * Scavenger Hunt * .RIceA Food and Beverages on Sale c�M. ;•'±c.,.7.�......- _......,��.. i.-_.....,,.., .. _ ._, its,..a.�-.....e•....�.�i.s.�.:..�"tS�.:'"y�'':i:e�+�`''�ao'''.i�lyiri:zi.'.a'c:r,x�srsrwr�.::L/r..:iru9iwe'i�.'�fk.:.-c�-'i3l -' 3 :S+^..esy'�1r��i�.4��..::r_..:: �..:i::.:_ AdvisorBoard Rover L.. Baker* Initial one -day workshop on issues (October 22) William mond D Baker Rav* One -half-day workshop on alternatives (February 1993) E. W Blanch. Jr. \!-s. Herbert W. Buscher Her. -y Doerr James L. Hetland. Jr. The initial workshop will be held on October 22, 1992 at Spring Hill Center (see Irvi John 0: F srl H. M siman ne attached brochure and map). Registration will begin at 8:30 a.m. and the workshop M -s. William Robert L. Searles Phillips will run from 9 a.m. to 4:30 p.m. It will focus on issues to be addressed as part of Stns. Eduard R. Tncomb the C/D Study. Following the workshop, the MWCC's consultant will complete Phase I of the C/D study and present the results at a second workshop to discuss alternatives. A Public Nonprofit Foundation Contributions are Tax -Deductible '92 am OCT 2 1i Printed on Recycled Paper A-- �b September 25, 1992 Fmshiratef FoundationY James Willis, City Manager = . City of Plymouth 3400 Pl`yLmoutt�hT Blvd. �.►� � ��`' -: ` at Spring Hill Center , Plymouth, �r15507 � `•env• ' �1V 325 County Road Sir 'Wayzata, MN 55391 Dear Mr. Wilks: (612) 449.0092 fa%:(612) 449-0592 The Metropolitan Waste Control Commission (MWCC) is undertaking a broad-based Dater is Life planning study of the Metropolitan Wastewater Disposal System. This work, designated the "Centralization/Decentralization (C/D) Study," will examine the fixture wastewater collection and treatment needs of the Metro Area through the year 2040. Founder Richard G. Gray. Sr.. D.Sc. Officers of the Board Recognizing that the study will deal with a variety of issues and will be influenced LiRdsa� Arthur. Jr. Chairmann by several governmental entities, the MWCC has asked the Freshwater Foundation Richard S' Caldecott. Ph.D. to sponsor a discussion about the future of the Metro Area's wastewater systems. I -Re Chairman Lucienne J. Taylor Secretari- Thomas L Warner In working with the MWCC and its consultants, we have developed a program to Treasurer involve "stakeholders" in the development of the C/D Study. Stakeholders are Gregory E. Bradbury Assistant Treasurer persons or groups who: Board of Directors Howard A. Andersen. M.D. Berry Baker 1) Have a stake in the outcome of the C/D Study or Harry Blount Donald G. Brauer2) Can influence the outcome of the C/D Study. M. Bo -.d Burton. Jr . Ph.D. Daniel C. Chabot James A. Gra% Clark C. Griffith We have identified five groups of stakeholders: ' John Himle , Jo Ellen Hurr Reber, W. Leslie Daniel T. Lindsay * Clients - Metro Area Communities Jaoeph T. Ling. Ph D. John B. Lundquist * Regulatory Agencies - MPCA, EPA, and MDNR W. Duncan MacMillan Warren G. Malkerson * Policy Makers - Metropolitan Council Members and MWCC Commissioners Charles M Moos sure nein rROiL * Implementors - Met Council and MWCC Staff l D_ Dean Spatz * Consultants - MWCC C/D Study Consultants Ernri) Anne Staples Mra.-garde F. Wheaton Doue Whitaker H Martin Jessen Our program involves two parts: Pratdent and C.E.O. AdvisorBoard Rover L.. Baker* Initial one -day workshop on issues (October 22) William mond D Baker Rav* One -half-day workshop on alternatives (February 1993) E. W Blanch. Jr. \!-s. Herbert W. Buscher Her. -y Doerr James L. Hetland. Jr. The initial workshop will be held on October 22, 1992 at Spring Hill Center (see Irvi John 0: F srl H. M siman ne attached brochure and map). Registration will begin at 8:30 a.m. and the workshop M -s. William Robert L. Searles Phillips will run from 9 a.m. to 4:30 p.m. It will focus on issues to be addressed as part of Stns. Eduard R. Tncomb the C/D Study. Following the workshop, the MWCC's consultant will complete Phase I of the C/D study and present the results at a second workshop to discuss alternatives. A Public Nonprofit Foundation Contributions are Tax -Deductible '92 am OCT 2 1i Printed on Recycled Paper September 24, 1992 Page 2 M -\ \ We believe that the participation of the communities is critical to the success of the C/D Study. Therefore, 40 percent of the workshop participants will come from metropolitan communities. We are looking for a mix of elected officials, administrators, engineers and planners from both urbanized and developing suburbs. We would like your community to participate in the one -day workshop on October 22 and the half-day workshop in February 1993. Please complete and return the enclosed registration form by October 8th. If you have any questions, please feel free to call: * Dick Osgood - Freshwater Foundation (449-0092), or * Bill Blain - MWCC (229-2120), or * Bob Schunicht - Bonestroo, Rosene, Anderlik and Associates (6364600). We hope to see you on October 22. Sincerely, FRESHWATER FOUNDATION H. Martin Jessen President Enclosure elm OCi 2 '92 C 0 nR2 Pd E u u •+ O a o 74 b 2VOT .� .0 lol Avmgm p V is I g r . ba 0 0 � o � C 0 nR2 E u u •+ O a o 74 b .� mac` OCA 92 lol Avmgm p V is I g 0 0 E u u •+ O a o 74 b .� mac` OCA 92 p V is I 0 0 E w y y .� mac` OCA 92 .�' pu ed L a o .�• 8 y �y U •U�• .y •O .yam. GJ �Uj U - 12 c 103. 0 6b COI NO C7 o tb G4 40g 79 T E .' ' � 0 cc 8� ' : E ° � g ,'d '� ,,,, &..3 C. p, cw ° C. C. a a. + U b Ins Iwo N E•� O !9 i+i G7 2 T:��qq p o q w r 3 .:t 2 W O O q ❑ ❑ ■ ❑ ❑ ❑ o � A o 0 ar N 0 79 aQ�� O� �v ,N y 'a� �D g A+ a ..g O •v bO V q o a V nj w y o v E 3 0 o a u o u e 8 m py c •° ' b N. u M w .. ' CD Lts -0 a V O o o w qU o u ra a'� O 0-0 m 3 ° u •r� cis °I a 93 CD C12 0 0 do a oip a s DC7 v� w W .ucc. ° ado ° Z u V q U � w ■ O ❑ ■ ❑ . e a pd Nf w -• q � o So u b 1 m ciMOCT 2 '92 m a0 Qtoo w o � L y _cc e a pd Nf w -• q � o So u b 1 m ciMOCT 2 '92 m a0 Qtoo w Y C, OCTOBER IS DOMESTIC VIOLENCE AWARENESS MONTH Please help raise awareness in the community by posting or sharing the enclosed brochure and flyers. Thank You for caring! Sincerely, The staff and volunteers of Home Free Shelter (Yl-1oZ., am OCT 2 '92 rledLse Y'St rn- The* Message Is Simple 1. It's never o.k. to hit someone you love, in fact it's a crime. 2. If you are hitting someone stop it and get help. 3: If you'are abusive at hon teaching your children very dangerous values. you love, ie, you are some October is Domestic Violence Awareness Month Educate Yourself For information, call: q ow Non Profit Organization U.S. Postage PAID . Minneapolis, MN Permit No, 2246 V O Cr . + O (ter O! C1. O cd •^3 O �. N O O 0• y �. u 0'.0 tn f1. i.l' ,tv � w. O o �., •.. . ma' >. � "a > •-y � �� T1 o •� y O:R7 c00 y rn0-0 • cO L:. 0) v .G : y o ° :•a .. . y : ; ' .�c . 00Q0\ . cn 'y •5yO CD q O O 1 LA VrC—J• g 0� y 0. An G L.. cs► ' a� or o ' -' v . f; . : u oQ, 2 cj- O..CA _ O. �o o,o�. o:°v 7y•v�,.n or P. �O o°?o. oo. ' U 3° cV M A u. 1--i d� � ago o � • • o ,� . .. � -n in 0 rd 00,-0 ,Q� ° 3 ° --I z ° 0 a a �0 �'� y� ani �' o '� 1O a� w �s c v �*4 ��° o���° a°, ��b •�� � � :tial ..�>,�'ta� �01 o a IT IT Wx> y w 3 n� px 9 Unc7r3 c a � x °o -0 bp Q) —01 5, > ° ° p ca � o ' ... v y 3 a, •a, blz o " .r CUO0. > ami 7o v w °' y '° p" O ° W i; >, s.a o 3 a� p o > ca W lz Q)o o Q i m o • 4 0.4 o o v> a- •v in, a° ca v m •� CU Q) o m r -i cV M At Lf) •� II WO �, 6 =`•(U o •�_+, o 0 o =" = "C o 0 �+ H O vcu • •C y v • • p� . eat :� .-. O m a� � .O` ,cu vi .0 � b Q) 0 b cu Q) p• 4� ��.> v v S-. ` p -0 O U. �-[o C a v� u ma � a) 8 •p z A O ca cn .0 cu = w ►. .0 cn b a a'� 0•�''� CU �°'" � � � b . � .G by • O � CU �' En Z 'aa) -d O nQi ,� (U CU .� p 0 to 0 N vcu VbC,•�• cn v v $ � a� o .� v � bib Q) o Q) m`° 0• Ll, '' cts 1 r'0 Q) �� �'� o 0 > 0b �1M 0� 0 2 Q) � 0, � OCT 2 '92 CITY COUNCIL - OCT. 5 - 18 October 1992 October 5 I.' -MONDAY November. October 12 PDI INTERVIEWS M T W 10:30am **Bachman's Groundbreaking F S S 5:00pm *COUNCIL STUDY SESSION 7:00pm COUNCIL MEETING � ..: :::' ` :::: _: October 6 :-TUESDAY_. 3 October 13 7:00pm WATER QUALITY COMMITTEE 6 Plymouth Civic League Apprec. Luncheon 8 9 10 7:00pm BOARD OF ZONING 12 October 7 JWEDNESD6Y 15 October 14 Yom Kippur 18 7:30am FINANCIAL ADVISORY COMMITTEE 7:30am PLYMOUTH DEVELOPMENT COUNCIL 20 21 7:00pm PLANNING COMMISSION 23 October 8 THURSDAY 26 October 15 **COMMUNITY PREVENTION COALITION 29 7:00pm LEAGUE OF WOMEN VOTERS CANDIDATES' FORUM October 9 FRIDAY . -j 11 October 16 October 10 SATURDAY October 17 October 11 SUNDAY... October 18 2:00pm **HISTORY FEST - Plymouth Historic Museum October M T W T F S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 *REVISED MEETING **NEW MEETING CIM OCT 2 '92 10/2/1992 November. M T W T F S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 CIM OCT 2 '92 10/2/1992 CITY COUNCIL - OCT. 19 - October -November 1992 October 19 5:00pm COUNCIL STUDY SESSION IOctober 20 6:30pm HRA October 21 6:00am PUBLIC WORKS OPEN HOUSE (For employees) IOctober 22 L **Metro Waste Control Workshop - Spring Hill Ctr October 23 NOV. 1 MONDAY.. October 26 4:30pm COUNCIL STUDY SESSION 6:30pm PLYMOUTH FORUM 7.00pm-COUNCIL MEETING 6:45pm PLAN FORUM 7:00pm PLAN COMM. mya October 271 October 28 October 291 October 301 October 24 SATURDAY I-= October 31 TwinWest Chamber - I-394 Gala Grand Opening Customer Counter Open 1.-Y;: ii. 3Absentee Voting 1:00pm PUBLIC WORKS GARAGE OPEN HOUSE Halloween _ =- (For Residents) _ October 25 SUNDAY. November 1 Daylight Savings M T W T F S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 November M T W T F S S 2 3 4 56 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 *REVISED MEETING **NEW MEETING 10/2/1992 M-\3 CITY COUNCIL - NOV. 2 - 15 November 1992 November 2 MONDAY Customer Counter Open until 7 p.m. - Absentee Vote .. November 9 5:30pmBUDGET STUDY SESSION III 7:00pm COUNCIL MEETING 5 6 7 8 November 3 GENERAL ELECTION DAY j-'.-..TUE8DAY.j 7:00pm BOARD OF ZONING November 10 November 4 7:00pm PLANNING COMMISSION JWEDNESDAYJ November 11 Veterans Da =. Ci DMces Closed 7:30am FINANCIAL ADVISORY COMMITTEE November 5 ITHURSDAY 7:00pm PRAC November 12 November 6 FRIDAY .. November 13 November 7 SATURDAY 27 November 14 November 8 -SQNDAY-:j 25 November 15 November M T W T F S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 25 26 27 28 29 30 *REVISED MEETING **NEW MEETING Liecember M T W T F S S 1 2 3 4 5 6 14 15 16 17 18 19 20 vii) OCT 2 '92 21 22 23 24 25 26 27 28 29 30 31 10/2/1992 > Q C a a t!. a C a LL a C Ncr ONF- w cr a WLLL Uz �V ❑ LL 3 O � � U U O a w a ❑ z M-\3 Cl) r -V _-- = W 0) m to 04 ON m E 3 M O Z Cl) O r N NO(O Cl) pM�� �Go rNN z �OQ� Uco Ch r r N M N0) z N cr) w 02 A aF� O F 9 LAg3vw N r OD r- N N xU Q Q aa', uo�z 0 a�a� O �5 � � t- r v� O r -- NCM w O � w 3� °� z a� $O'u a a ChgN O" CO Q r � Cj N 00 �w w . OW Z. tDo zW ]w d: �w�z * C)pt O��. U a� 5 g a U g� N gv, 0� LA`s r T- %n M Na o ; r T- N rA M-\3 CO LO C -J 0) N Cl) r -V U. W 0) m to 04 ON m E 3 M O Z Cl) O r N NO(O Cl) pM�� �Go rNN CO LO C -J 0) N LL r N H M r N N0)coNM 00 U) n.IW-NpN z C7 z w A cim OCA 2 W 92 N ON r� rn -\3 E P z O z P w w �Iza2 W 0 > ,d. T p r N N `)rT'N r N v CO O N N c9 too CD E N O f0 NN N Mh r CO U') N N Ch O f� �+I V n — N N CO T N N fn OMNN N g O CO U) T T Nco M O r N M F� ��". z z ly N O— N ch 0000Ln ►� ZO �Vi i Q� a p� Q�" z 04 Q a s h� SOD t5 NN O,N-NN OO T yQ MQU M 7twOO W LQ InN0I t0 .- N N V% r — N w O 0 ..:'. W CQ ct0� ZJQ El El oE=.' o • WWF pgN ^ ` W." en co N q EWy O a.a�U oz O z . z � .�>oz �:: w �+. a oz V 0H� U 1.U p.j a aA OQS n?rn�r �M�S. CAW O O$a1x N U �` Cn +� ... T- �o �. > N C� elm OCT LO N Cn T p r 04 N E P z O z P w w �Iza2 W 0 > a c z c 2 a c z a M—�3 NmtONM Lf) N r CA r CO CSI co 90 N O t0 ^rNN r O � � � N OrNN Rf V1 toTC� °r° Q v �r r N v MOTNc9 U Z -- CO 10 C7 ALI Sga O— mx W3 z C') I-- t r N Cf) a z C7 z ¢1 ¢� P w w u.�0„�a� A rA N Cn r- t- r N M o z z A W o z QO'UgN Ln"' O N`rwgU C;) T— CD T-- C4 N z :. ° z .. U� a�V� M ° •�- N`�w$ N V- CO N N M—�3 NmtONM V' pN O r N N Ito r CO to co 90 N O t0 ^rNN r m � � � N OrNN Rf c~ toTC� > O � MOTNc9 IN ^ V' N V' pN O r N N rn 90 N O t0 m � � � N E > O Z� NO<GIV19 -- CO 10 W3 z C7 z P w w A rA '91 CIM OCT 2 Z' 1 Mayor's Message By Kim M. Bergman During the last council meeting of December 1989, the previous City Council, represented by the previous City Attorney, entered into a written contract with Jim Willis, the former City Manager. This contract was approved by former Mayor Virgil Schneider and former Councilmembers Lloyd Ricker (former city Finance Director), Bob Zitur and Jerry Sisk. Note that this action took place after Schneider and Sisk knew that they had been defeated in the November 1989 election. Present Councilmember Maria Vasiliou was the only Councilmember to vote against the 1989 contract. This December 1989 contract violated Minn. Statute 43A.17. The City Manager's contract required, among other things, the City provide, at no cost or expense to City Manager Willis, a $450,000 universal life insurance policy, and an automobile for business and personal use. The resolutions that authorized this contract did not specify how fast the cash value would accumulate, which would determine the premium amount. It also did not specify make, model or a dollar limit to the vehicle the City would provide Willis. The annual review of the City Manager's contract by the City Council was also eliminated. When Councilmember Vasiliou asked the former City Attorney if this contract was binding on future councils he said that it was. As a result of an internal review of insurance policies and procedures initiated by Councilmember John Edson, the City Council discovered in late September that the annual premium of the former City Manager's $450,000 universal life insurance policy, as provided by the 1989 contract, was $26,218 per year. If the $5,951 CIM OCi 2 �Z premium for two other insurance policies is added, the total premiums on the three policies purchased by the former City Council on the life of the former City Manager were $32,169 per year. When these benefits are considered in addition to annual salary, Willis' compensation exceeded 95% of the Governor's salary at least for 1989, 1990 and 1991. At no time was any member of this present City Council aware of Minn. Statute 43A.17 limiting public employees' salaries to a 95% cap based on the Governor's compensation. Having uncovered these facts, the City will take the position that the insurance and . automobile components of the 1989 contract have caused. Mr. Willis' salary to exceed the 95% cap set forth in Minn. Statute 43A.17. The former City Manager has voluntarily agreed to reimburse the City of Plymouth the sum of $25,782, plus interest, for salary exceeding the 95% cap for the three years. Willis has agreed to make this repayment expressly without admitting any liability or admitting that he has violated any state or federal statute or engaged in any wrongdoing of any kind. The City Council will not turn over two additional insurance contracts to Willis, having a cash value of approximately $13,000 as provided by previous city policy. These two policy numbers, by mutual error, were erroneously reported as the $450,000 universal life insurance contract in the July 20, 1992 settlement agreement. The City intends to take no further action, but rather has directed its present City Attorney, Robert L. Meller, Jr., to refer this matter to the State Auditor for investigation and any action he deems appropriate. CIM 0 2 'U We are well on our way to a full accounting of city policies and procedures, and look forward to the conclusion of the inquiry by the State Auditor. GIM OCA 2 '92 ROBERT L. CROSBY LEONARD M.!,DDI\GTO\ ROBERT R. BARTH N.HALTER GRAFF ALLEN D. BAR -,ARD RICHARD A. PETERSON- ROBERT J. CHRISTIAN-SO1,•1e FRAME J. WALz FRA.\E VOGL MARL\US W. VAN- PI.TTEN-,JR. DAVID B. MORSE JO&r. A.BUR70N-,'IRS. JAMES C.DIRACLE ROBERT L.MELLE'R,.JR. SCOTT D. ELLER BEST & FLA1\TAGAN A,TTOR\ EFS AT LASv CHARLES C.BEROUIST GEORGE O LI.DCKE E.JosEmi I,FAvE GREGORY U. S*OL'LE CATHY E. GORLIN PATRICK R.11ENNES.Y TIMOTHY A SI.'L.IVA\ TAMMY L.PUST BRIAN- F. RICE TRACY•1. VA,, STEENBI'ROII DAVID .1. T.CBKE STEVE,, R.KRUGER JAMES P. MICHELS PAIL E.F.AMI?SKI Mr. Mark B. Dayton State Auditor Suite 400 525 Park Street St. Paul, MN 55103 Dear Mr. Dayton: 3500 IDS CENTER 80 SOUTH 8TH STREET M1\-\ EAPOLIS MIN 55402-2113 TELEPHO\ E (912) 339-7121 TELECOPIER (912) 339-5897 September 30, 1992 By FAX AND REGULARR MAIL DA.\]EL R.MV. NELSON CINDY J. LARSON JOHN P. BOYLE Ross C. FoR_dELL CARP% SCHERB GLovER SARAH S.GODFREY MARY E.SBEAREv CATHERINE J. COURTNEY KEITH J. \ELSEN TRACT F. KOCHEA-DORFER JEA.\'NICE M. REDING SARAH CHIPPE.\ MADISON ROBERT D. MAHER DAVID H.JoR%soN This office is the City Attorney for the City of Plymouth. The Plymouth City Council has -directed me to refer certain recent developments relative to former Plymouth City Manager James Willis to your office. OF COUNSEL JOHN R.CARRoLL JASIEs D.OLsON ROBERT M.SL'ARE ARCHlBALD SPF-XCER CHARLES S. BELLo%-S WARD B. LEwis JAMES I. BEST law-t9ee ROBERT J. FLAVAC_\.v ISM -1974 N, By way of background, as you are aware, the previous City Council, represented by the previous City Attorney, entered into a written contract with former City Manager Willis at its last meeting in December of 1989. This contract was approved by former Mayor Schnieder and Councilmembers Ricker, Zitur and Sisk. Please note that this action took place after Schnieder and Sisk knew that they had been defeated in the November, 1989 election. Present councilperson Maria Vasiliou was the only councilperson to vote against this 1989 contract. That contract required, among other things, that the City provide, at no cost or expense to Willis, a $450,000 universal life insurance policy and pay the premiums thereon. It also required the City to provide an automobile for Willis' business and personal use. The resolution which authorized this contract did not specify the premium amount CIM OCT 2 '92 Mr. Mark Dayton September 30, 1992 Page 2 or how fast the cash value would accumulate, which would determine the premium amount. Pursuant to a recent internal review of insurance policies and procedures initiated by councilperson John Edson, the City Council discovered for the first time on Monday, September 21, that the annual premium on Willis' $450,000 policy, which has been paid each of the last three years by the City, is $26,218.00 per year. I enclose herewith, copies of the invoice and Plymouth check which paid the 1992 premium. Thus, the insurance and automobile components of the 1989 contract have caused Willis' salary to exceed the 95% cap set forth in Minn. Stat. § 43A.17 since 1989. Specifically, the following comparison of Willis' W-2 reported income with the statutory 95% cap shows that Willis was paid a total of $25,782 in excess of the cap for the years 1989, 1990, and 1991 as follows: WILLIS W-2 AP PAYMENTS IN EXCESS OF CA 1989 $96,551.41 $93,968 $2,583 1990 112,638.33 98,667 13,971 1991 112,828.03 103,600 9.228 TOTAL $25,782 Thus, for the 3 years through 1991, it appears that Willis was improperly paid the total of $25,782.00 in violation of the state statute. I enclose herewith copies of Willis' W -2s for 1989, 1990, and 1991. I promptly advised Willis' attorney of the City's Position on these overpayments and on other issues relating to insurance which I will discuss below. By correspondence dated September 25, 1992, a copy of which I enclose, Willis immediately agreed to repay the sum of $25,782.00 to the City, together with interest at 7% as computed by the City of Plymouth. Specifically, there remains owing to Willis the sum of $24,800.00 on his one-year severance contract provided by the previous City Council which the City will set off against the $25,782.00 figure. After adding on the accrued interest, the City calculated that Willis owes it the additional sum of $3,139.54 which he has agreed to CIM OCT 2 '92 Mr. Mark Dayton September 30, 1992 Page 3 repay either by direct payment or through set off against any additional sums owed to Willis by the City for accrued vacation benefits. We have made inquiry of the State of Minnesota Compensation Division to determine if accrued vacation'is salary under Minn. Stat. § 43A.17. The State preliminarily concluded it was included in salary, but suggested we request a formal Attorney General opinion on -this issue. Once we recieve that opinion, the City will either be paid the sum owing of $3,139.54, or will set-off against accrued vacation if permissable under the. statute. The City Council has requested that your office investigate this matter and take any action deemed appropriate. By way of further background information to assist you in that investigation, I enclose herewith the following: 1. Correspondence from Stanely Peskar, General Counsel* to the League of Citi6Y-Wo James Willis dated June 8, 1990. 2. Correspondence dated April 6, 1992 from Best & Flanagan to James Willis. 3. Relevant City Council minutes at the December, 1989 meeting when the contract was agreed-upon. 4. Copies of the face sheets of a $200,000 split dollar insurance policy and a $350,000 key -man policy on the life of James Willis purchased by the City. The present City Council concerns include how a $450,000 Policy was purchased which had an annual premuim of $26,218.00, particularly when compared with the annual premium on the $350,000 Policy of $3,685.00, who was involved in the decision to purchase a policy with this premium, how this $26,218.00 premium figure was designated in the three yearly budgets, and upon whose authorization thi's specific policy was purchased. The City Council is aware that pursuant to Minn. Stat. § 43A.17, Willis' salary as transition advisor must cease at some point in mid-October, if not earlier. e�M pCj � '92 CIM OCT 2 V Mr. Mark Dayton September 30, 1992 Page 4 On a related insurance issue, this is to advise that there was a mutual mistake in the settlement agreement entered into between the present City Council and Willis on June 20, 1992. In that settlement, it was agreed that the City would only be transferring to Willis or relinquishing its rights in the 1989 $450,000 universal life insurance policy, in return for the release of threatened claims. Because we were unfamiliar with the specifics of the $450,000 universal life insurance policy (in fact the City does not have a copy of that policy) we relied upon Willis to properly designate it for transfer. The language Willis provided requires the City: "to transfer to Willis two term life insurance policies with CNA policy nos. 82024683 and 7702379." Because it did not make sense that Willis designated two term life insurance policies when I had understood there was only one universal life policy, I made inquiry of City staff and was advised that it had been impossible to obtain a single policy in the sum of $450,000, and that therefore the two policies were obtained. This inconsistency now is accounted for by the newly discovered fact that Willis was not provided a single $450,000 Policy from the City, but rather that the previous City Council had arranged for the City to purchase three policies on Willis' life totalling one million dollars. I brought this mutual mistake to the attention of Willis' attorney last week and pursuant to her September 25, 1992 correspondence, enclosed, she acknowledged that this was a mutual mistake and that Willis is releasing any and all claims to those policies. Thus, these policies will not be transferred and the City will retain the benefit of the approximate $13,000 cash surrender values which values I previously mistakenly reported were to be transferred to Willis. I have been directed by the City Council to more fully respond to your August 20, 1992, correspondence as soon as Possible. I apologize for the delay in responding, but there were developing unanswered questions which would have rendered an earlier response incomplete. 01M Zo 2 .0 Mr. Mark Dayton September 30, 1992 Page 5 1� Please advise if there is any additional information you require, or if there is any additional action which you wish this office or the City Council to undertake. Y r very tVlerr. R e L. RLM:rlb/0077k cc: Judith Johnson Frank Boyles Mayor and City Council CIM OCT 2 '92 October 2, 1992 Homeowner Association Presidents Cyil:. l��.�I lii1►1 �• : u :V�•• 11.1' ' : • ' • :I I� M •�, : ; M' Dear President: Please share the following information with members of your homeowner association. Proposed Charter on November 3 Ballot On November 3, Plymouth voters will make an important decision that will affect the future of city government. They will decide whether to adopt a proposed charter. Because the charter defines how city government will be structured and what procedures it will follow, it is important to be informed. An insert highlighting some of the changes that the proposed charter would make in city government is included in the November issue of the Plymouth News, the city newsletter. Citizens may also stop by the City Center, 3400 Plymouth Boulevard, to pick up a complete copy of the charter, or call the city offices at 550-5010 to have a copy mailed. The proposed charter was developed by the Charter Commission. The Charter Commission is a legal entity separate from the City Council. A 15 member commission was appointed by a Hennepin County District Court Judge. The Plymouth City Council, as an official body, will not take a position -- pro or con -- on the proposed charter. The proposed charter is an issue that goes directly to voters in November. Once again, I greatly appreciate your help in sharing information with your members on this subject. Sincerely, Helen LaFave Communications Coordinator HL:keb Z� M 11 1 '' : ill ' .REIY�� September 23, 1992 �cc� SEP 25 Chuck Dillerud City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 RE: Fernbrook Townhomes, Plymouth, Minnesota Dear Mr. Dillerud: CITY OF PMOUp H OOMMUNITt E O We have talked with the neighborhood residents regarding the changes we proposed yesterday. They have indicated their support for the concept subject to clarification of several items listed below: 1. In order to preserve the maximum amount of trees on the site, we will reroute the planned watermain at the north side of the site. The watermain will tap at Fernbrook Lane approximately 20 feet south of our north property line, travel approximately 240 feet east, make a 90 degree bend, travel approximately 130 feet south, and make another 90 degree bend to run beneath the private drive as shown on the supplemental plan. 2. The existing landscape plan is still in force. Any trees discussed here will be in addition to those contained in the approved landscape plan. 3. At the time of tree planting, the neighborhood residents will be consulted on location and arrangement of the approved and additional trees at the west side of the site. If additional trees are available for planting at the west portion of the site, they will also be located with direction from neighborhood residents. 4. We will add 30, 6 to 8 foot, Colorado spruce trees along the north property line and 5, 3' 1/2 inch caliper, redmond linden or summit ash trees at the west side of the site to fill gaps in the tree cover. These will be transplants with ball and burlap roots. We believe these changes will improve the project and contribute to the neighborhood support for this project we have experienced. am OCT 2 `92 I will recommend to the key members of the neighborhood, that they contact you to verify our agreement on these issues. If you have questions, please do not hesitate to contact me. Sincerely yours, Brian Lubben, A.I.A. HBL Architects, Inc. Enclosure cc: Stuart Nolan Randy Nord Jack Brandt Suite 305, 7808 Creekridge Circle / Bloomington, Minnesota 55439 Telephone: 612 / 942-3322 Fax: 612 / 942-3324 CIM OCT 2 '92 1 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: September 25, 1992 TO: File 90082 FROM: Chuck D 11 , Community Development Director SUBJECT: ST. PHILIP THE DEACON CHURCH On September 24, 1992, I met with neighbors of and representatives of captioned project, on site, to witness the noise level of the air conditio units. Those attending from the church were Casey Rosene; Jack Snow; engineering representative of Trane Company; and, Dan Gallagher (archite George Wilson, 17140 -14th Avenue North and Ed, who resides next door to west, hosted the group. Mayor Kim Bergman was also in attendance. —T-, LG -- the ling an the The purpose of the meeting was to monitor the noise level of the Iair conditioning units of the church. Mr. Wilson had advised the City that he could hear the units when they ran in the evening. The engineer representing the manufacturer of the air conditioning units had a sound meter with him. He took readings at the property line; and Mr. Wilson's back yard; and, on Mr. Wilson's deck. We also monitored the sound of the air conditioning unit from Ed's back yard, and from the window on the main level of Ed's house. The Trane representative noted the readings that were displayed by the sound meter at all locations, and at various fregyency levels. The atmospheric conditions on the evening of the monitoring.were clear;j low humidity; and a strong south wind. Even though these were not ideal conditions under which to monitor sound levels, everyone agreed that the sound of the air conditioning units could be heard at all of the locations at which monitoring was done. The engineer from Trane noted, however, that the noise level measured at the property line was between 40 and 50 decibels,I and therefore was within the thresholds prescribed by the Minnesota Pollution Control Agency. St. Philips representatives promised to run the air conditioning units lonly between the hours of 5:00 p.m. and 10:30 p.m. until further notice to reduce time period in which the noise would be evident to adjoining properties.1 It should be understood that these units are designed to "make ice" during I"off peak" electric rate hours only. Mr. Wilson indicated that he felt this was a reasonable compromise. I CIM 10 2 `6" 17140 14th Ave N Plymouth, MN 55447 29 September 1992 Mayor him Bergman City of Plymouth Plymouth, MN 55447 Dear Mayor Bergman: I just wanted to again thank you for taking the time to come over on last thursday night to look at the noise problem my neighbor and I had been living with for over three months. Its been very quite since you were here the system has not run at all. I started to enquire why yesterday and found out something very interesting. The church had G R Mechanical their contractor shut the system down for the winter on Wednesday the 23rd. The day before the so called test! If you recall both Ed and I said the chiller sounded different that night. I think all we heard was fan noise, the compressors and water pumps were most likely drained and not working at all. They did a real good job scamming all of us. I think next summer we will be back to listening to this thing again dispite their representitive saying they would shut the time down at 10:30 PM. Sincerely —JJ —`` yours, � '� George F. Wilson CIM 0 2 & ROBERT L. CROSBY LEONARD M. ADDINGTOx ROBERT R.BARTH N. WALTER GRAFF ALLEN A BARNARD RICHARD A. PETERSON ROBERT J. CHRISTI.&NSON, JR FRANK J. i:ALz FRANK VOOL MARINUS W. VAN PUTTEN, JR. DAVID B.MoasE JOHN A.BURTON,JR. JAMES C. DIHACLES ROBERT L. MELLER, JR. SCOTT D. ELLER B E S T & F LANA GAN ATTORNEYS AT LAW CHARLES C.BEROUIST GEORGE 0.LUDCFE E.JosEPH LAFAVE GREGORY D. SOULE CATHY E. GORLIx PATRICK B. HE,,NESsY TIMOTHY A.SULLIVAN TAMMY L.PUST BRIAN F. RICK TRACY J.VAx STEENBURGH DAVID J. ZuBKE STEVEN R.KRUGER JAMES P. MICHELS PAUL E.KAMINSKI 3500 IDS CENTER 80 SOUTH 8TH STREET MINNEAPOLIS MN 55402-2110 TELEPHONE (012) 339-7121 TELECOPIER )612) 339-5897 Mr. Frank Boyles Acting City Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 September 15, 1992 i- (o DANIEL R. W. NELSON OF COUNSEL CINDY J. LARSON JOHN R. CARROLL JOHN P. BOYLE JAMES D. OLSON Ross C. FoRMELL ROBERT M.SKARE CABIN SCHERB GLOVER ARCHIBALD SPENCER SARAH S. GODPREY CHARLES S. BELLOWS MARY E.SHEAREN WARD B. LEWIS CATHERINE J. COURTNEY KEITH J. NELSEN TRACY F. KOCHENDORFER JEANNICE M. REDINO JAMES L BEST SARAH CRIPPEN MADISON 1902.1908 ROBERT D. MAHER J. FLANAGAN DAVID H. JOHNSON yyROHERT 1 1898-1974 Re: Political Subdivisions as Lobbyist Principals Dear Mr. Boyles: rye I have received the attached letter from Jim Thomson to Mary Ann McCoy, Executive Director of the Minnesota Ethical Practices Board ("Board") regarding whether political subdivisions are lobbyist principals for purposes of Minn. S § 10A.04, subd. 6 (1992). t. As you may know, the Minnesota Legislature recently amended Minnesota Statutes, Chapter 10A, the Ethics in Government Acts, to require the periodic reporting by lobbyist principals of amounts spent to influence legislative action. The legislature has defined "principal" as either an individual or association. See, Minn. Stat. § 10A.01, subd. 28 (1992). Hence, under'a plain reading of the statute a political subdivision, such asi Plymouth, is not required to file the periodic disbursement reports required by Minn. Stat. § 10A.04, subd. 6. The Board, however, feels the definition of principal is unclear as to whether it includes political subdivisions. It unsuccessfully lobbied the legislature to amend the statute t) include political subdivisions. The Board also attempted to issue an advisory opinion that political subdivisions are lobbyist principals for purposes of Minn. Stat § 10A.04, subd 6. It could not, however, garner the four votes necessary fo; cim IOCT 2 '92 Z- k6 Mr. Frank Boyles September 15, 1992 Page 2 Board approval. The Board instead sent out the letter received by Jim Thomson informing political subdivisions that it is within their discretion as to whether to file and complete periodic reports of lobbyist principals required of individuals and associations under Minn. Stat. § 10A.04, subd. 6. , Plymouth must decide whether or not to file these reports. ' In helping Plymouth to make this determination, I have taken the liberty of setting out the arguments both for and against filing f� the periodic reports of lobbyist principals required of individuals and associations under Chapter 10A. Arguments weighing in favor of not filing are as follows: First, there is no legal requirement that Plymouth file. Although it is my understanding that the Board will again seek clarification on this issue from the Minnesota Legislature in the coming session, as of now the definition of "principal" under Chapter 10A specifically excludes political subdivisions. Second, the Board has rejected issuing even an advisory opinion on this issue. This suggests that no consensus exists on the Board as to whether a political subdivision is a principal for purposes of Chapter 10A. Third,'while I am unaware of the costs incurred by Plymouth as a result of Holmes & Graven's lobbying efforts, I do know that reviewing their records and compiling such a report would be an administrative and monetary burden to the City. Finally, some political subdivisions have been criticized in recent years for the amounts they have spent attempting to influence legislative action. By filing this report Plymouth, depending on the amounts it has spent attempting to influence legislative actions, may open itself up to this criticism. Arguments weighing in favor of filing are as follows: First, filing these reports would be consistent with principles of open government. Second, many other political subdivisions are voluntarily filing these reports. As a result, Plymouth, by not filing, maybe subjected to criticism that it is not following the example set by other political subdivisions. Please contact me at your earliest convenience so we can discuss this matter. As an ancillary matter, Mr. Thomson's letter raised the issue of who would service Plymouth's legislative needs from this point forward. I have asked David Johnson, an attorney in our office to register with the Board as a lobbyist on behalf of Plymouth. Mr. Johnson works in our government law section representing counties and other political subdivisions before the Minnesota Legislature. Having previously worked at the ciM OCT 2 '92 i .S� Mr. Frank Boyles September 15, 1992 Page 3 V Minnesota Legislature and the United States House of Representatives, he is familiar with the legislative process eager to assist Plymouth with its legislative needs. If you have any questions or need any additional information regarding these matters, please do not hesitate contact either myself or Mr. Johnson. RLM:mgt 348lu Enclosures L. Meller and CIM Attorneys at Law ROBERT A. ALSOP RONALD H. BATTY STEPHEN J. BUBUL JOHN B. DEAN MARY G. DOBBINS STEFANIE N. GALEY CORRINE A. HEINE JAMES S. HOLMES DAVID J. KENNEDY JOHN R. LARSON WELLINGTON H. LAW CHARLES L LEFEVERE August 14, 1992 HOLMES & GRAVEN CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 55402 (612) 337-9300 Facsimile (612) 337-9310 WRITER'S DIRECT DIAL 337-9209 Mary Ann McCoy Executive Director Ethical Practices Board First Floor South, Centennial Building 658 Cedar Street St. Paul, MN 55155 RE: City of Plymouth Dear Mary Ann: JOHN M. LEFEVRE, JR. ROBERT J. LINDALL LAURA K. MOLLET BARBARA L PORTWOOD JAMES M. STROMMEN JAMES J. THOMSON. JR. LARRY M. WERTHEIM BONNIE L WILKINS GARY P. WINTER DAVID L GRAVEN (1929.1991) OF COUNSEL ROBERT C. CARLSON ROBERT L DAVIDSON 0021 1I \592 I received your memo dated August 7, 1992 regarding the annual report of lobbyist principal. The city of Plymouth is now being represented by Robert Meller of Best & Flanagan, 3500 IDS Center, Minneapolis, MN 55402, (612) 339-7121. By copy of this letter, I am forwarding the memo to him. I would appreciate it if you would change your records to indicate the change in city attorneys. Thank you for your cooperation. Sincerely, Ja es Thomson JJT:jes cc: Bob Meller (w/enclosure) CIM OCT 2 '92 STATE OF MINNESOTA ETHICAL PRACTICES BOARD FIRST FLOOR SOUTH, CENTENNIAL BUILDING 658 CEDAR STREET ST. PAUL, MINNESOTA 55155 PHONE: (612) 296.5148 DATE: August 7, 1992 TO: Political Subdivisions Represented by Registered Lobbyists FRCM: Mary Ann McCoy, Executive Director,� `t SQBJ=: Annual Report of Lobbyist Principal On June 25, 1992, the'Ethical Practices Board considered the issue of whether political subdivisions are lobbyist principals for the purpos Minn. Stat. § 10A.04, subd. 6 (1990.) On July 23, 1992, the Board directed me to notify political subdivisioi that the Board has been unable to.approve an advisory opinion on this question by the required four votes, and, therefore, it is up to each individual political subdivision to decide whether to complete and fill the annual report of lobbyist principal in accordance. with Minn. Stat. 10A.04, subd. 6 (1990.) I enclose a copy of the Official Notice about this matter published by Board in the August 3, 1992, issue of the State Register. If you have questions about this memorandum or the enclosure, please me at•(612) 296-1720 or 1-800-657-3889, toll-free. enclosure AN EQUAL OPPORTUNITY EMPLOYER Of R the OCT 2 W Official Notice Ethical Practices Board Advisory Opinion Requests #122 and #123 re: Lobbyist Principal On July 27, 1992, the Executive Director sent the requesters a letter informing them that the Board failed to approve an advisory opinion by the required four votes on the issue of whether political subdivisions are lobbyist principals for the purposes of Minnesota Statutes § 10A.04, subd. 6 (1990), and, therefore, it is up to each individual political subdivision to decide whether to complete and file the annual report of lobbyist principal. See requests on behalf of the Metropolitan Airports Commission and the Metropolitan Sports Facilities Commission, respectively, published at 16 S.R. 2212. (CITE 17 S.R. 237) State Register, Monday 3 August 1992 PAGE 237 CIM OCT 2 '92 51WFj CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447 DATE: September 25, 1992 TO: Frank Boyles, Acting City Manager FROM: James G. Willis, Transition Advisor SUBJECT: PROPOSED HEAD START FACILITY RELOCATED IN BROOKLYN PARK One of my transition advisory responsibilities is to provide you with a report on proposed project including "benefits received by the City, financial obligations, critiquing appropriateness of the proposed method for distributing costs." By way of background, you will recall that the Head Start Program began as a federally funded initiative to assist young children with learning readiness education prior to entering entering kindergarten. The program currently receives 80 percent of its operational funds from the federal government, with the balance, 20 percent, coming from local sources. I am informed that most often this local share is achieved through "soft match," generally through contributed facilities. I In Hennepin County, the federally designated Head Start grantee for Hennepin County is Parents in Community Action, Inc. (PICA). 'PICA currently provides Head Start programming solely in Minneapolis, although some non -Minneapolis children participate in the program. The Minneapolis, the facilities are overtaxed, largely asi a result of a large number of children eligible, as well as the fact that both the city and school district have made additional funds available to support program operating costs. This results in pressure being exerted to ensure that more of the spaces available and the facilities located in the city are, in fact, used by eligible Head Start children residing within the City. PICA has been seeking a second site in the northern suburban area for more than year. This facility would enable the program to be expanded into the subu community which would be more convenient for eligible Head Start children. am ad 2 '92 PROPOSED HEAD START FACILITY RELOCATED IN BROOKLYN PARK September 25, 1992 Page 2 PICA has indicated an interest in remodeling the former Brooklyn Park City Hall for a new Head Start facility. The City of Brooklyn Park has indicated a willingness to dedicate the facility for that purpose for a period of at least 40 years at no cost. The cost of remodeling are estimated at nearly $800,000. PICA is seeking funding for the project from ten cities in the northwest suburban area, as well as state and federal grants and private benefactors. The ten cities in the northwest area are being asked to consider collectively generating a sum of $300,000 for the project. (Exhibit A). An early and very preliminary formula that was developed contemplates Plymouth contributing between $43,200 and $53,100 of the estimated $300,000 total. It is assumed that the local funding would come from Community Development Block Grant (CDBG) funds which are received by each of the ten cities either as a direct entitlement city such as Plymouth, or through Hennepin County. There is currently no proposal to use property tax dollars for this purpose. The use of CDBG funds appears to be appropriate given the fact that the Head Start Program targets persons eligible for such program expenditures. Assuming that CDBG funding is the means by which cities such as Plymouth would be asked to fund participation in the proposed project, it is apparent that each city would have to review its CDBG allocation to determine and prioritize the relative value of the Head Start Program against other community needs. In addition, the question of expending CDBG funds for capital facilities located outside the corporate limits, in support of a program benefiting eligible Plymouth children, needs to be explored. In Plymouth's case, this should be reviewed by the Community Development staff and Housing and Redevelopment Authority (HRA) prior to being formally submitted to the City Council. Phil Cohen of Brooklyn Center is to call a meeting within the next couple of weeks to meet with each of the 10 cities to further discuss how local funding should be allocated. This issue will be of critical importance as the proposed facility in Brooklyn Park would have a program capacity of about 160. Currently there are a 197 children either enrolled or on waiting lists for the Head Start program living in the 10 cities. PICA estimates that there may be 1,500 eligible youth within the 10 cities (Exhibit B). It is clear that as operating funds become available, additional facilities will be needed. It is imperative therefore that any initial funding mechanism be designed with the thought in mind that the program will likely be expanded in the future and that an equitable means of financing such future requirement needs to be put in place now which will ensure that as the program expands, each city is treated equitably. am OCT 2 '92 PROPOSED HEAD START FACILITY RELOCATED IN BROOKLYN PARK September 25, 1992 Page 3 Of obvious importance is the policy question of whether or not the City Council HRA believes that there is a need for the expansion of a Head Start program in suburban Hennepin County area, particularly targeting eligible children in Plymouths do not doubt that there is basic agreement that programs such as Head Start do sere social need and can provide a positive means by which young children can get the ea stimulation which is critical to their future development. However, the cost operating the program will remain key to whether or not that type of objective can achieved. So long as the operational funding is derived from the federal governme and the local match being met through contributed assets or perhaps Hennepin Cour this should not pose a problem for local units. The longer term might sugg however, the desire on the part of some to have local units begin to participate in operating costs of the program. The policy implications of that, of course, are obvii to city councils. It is my view that so long as an equitable capital funding formula can be derived utilizes CDBG funding, Plymouth would be well served to participate in the pry program. The City will have to keep in mind, however, that the initial funding mechanism anticipate the future need to expand the program and therefore its capital facilities. funding mechanism therefore should be tailored to ensure that the 10 cities recd that the initial building project will not be the last. a Of be OCT 2 'V JLIL 1a += 121:3,1 TO: �: 95=--10=_,060 FROI•I: C I T',' OF EI<L'YI-I FHF..'K T-1'1- P. 09 STATISTICS ON CITIES CONTRIBUTING TO FAMILY RESOURCES CENTER IN BROOKLYN PARK TEN CITY AREA % OF FAMILIES BELOW % OF !GIDS AGE$ POVERTY LEVEL 6 AND BELOW Brooklyn Center 16.1% 9.2% Brooklyn Park 35.2 22.7 Champlin 3.1 9.1 Crystal 7.2 7.2 Golden Valley 5.2 5.5 Maple Grove 6.4 17.4 New Hope 10.2 6.o Osseo 1.2 .8 Plymouth 11.0 17.8 Robbinsdale 4.4 4.3 TOTAL 100.0% 100.0% CONTRIBUTIONS TO BEAD START $38,100 86,700 18,300 21,600 15,900 35,700 24,300 3,000 43,200 13" 200 $300,000 elm OCT? W - I TI_IL 14 "4 ' 12:1 TO: 55 �5 �S � FR H:�_[T'r' OF RI�L'rl! F'HF.'I T -11c F.07. -�� STATISTICS ON CITIES CONTRIBUTING TO FAMILY RESOURCE CENTER 1N BROOKLYN PARK # of children Children 0-5 Contribution 0 to 5 As % of total based on % of ten city children 0-5 population (of $300,000 total) Brooklyn Center .2,597 9.3% $ 27,900 Brooklyn Park 61309 22.6$ $ 67,800 Champlin 21604 9.3% $ 27,900 Crystal 21026 7.2% $ 21,600 Golden Valley 1,534 5.5% $ 16,500 Maple Grove 4,792 17.1% $ 51,300 New Hope 11702 6.1% $ 18,300 Osseo 225 0.8% $ 2,400 Plymouth 4,954 17.7% $ 53,100 Robbinsdale 1,234 4.45 _ $ 13,200 TOTAL 27,977 100.0% $300,000 SOURCE. 1990 Census Northwest Hennepin Human Services Council CIMI OCT 2 '92 Head Start Enrollment and Waiting List Hennepin County: February 1991 C Enrollment Waiting List *Est Eligible C64 Y -r ek�K 7 Minneapolis 884 1,033 6,643 Brooklyn Park 49 74 467-' Brooklyn Center 39 46 302 New Hope 5 13 166 Crystal 3 5 151 Maple Grove 0 2 151 P1; — Champhn 0 2 - 89 Robbinsdale 6 5 82 Golden Valley 1 4 49 Total 11097 1,255 9,613 Additional Head Start slots funded by the City of Minneapolis: 32 Total Head Start enrollment, all sources: 1,129 * Numbers of eligible children in this table were estimated by calculating the midpoint of ranges given by Dorton Poquette, based on unwed birth rates for each community. t The statistics for Osseo's enrollment and eligibility will be available on September 24. Percentage Statistics Based on Above Numbers Percent of eligible children in Minneapolis currently being served: 13.3% Percent of eligible children in suburban Hennepin County currently being served: 7.2% Percent of eligible children in NW Hennepin County currently being served: 6.6% Source: Parents in Community Action and Success By 6© Northwest of Northwest Hennepin Human Services Council CIM OCT 2 '92 CWC r(ET"WORK. I Contact: Kathleen A. Holliday GC.+`.HC-N erPFV�O- (215) 429-8209 WEST (,RESTER. (215', 4:50- ICM Ellen I.anl;as Campbell (21 S) 430-4996 QVC NETWORK TO(:UNSOI,II)A'I'E'Iv-r.ECoNim[JNICA'I'IQNS FACII.rrII! WEST CHU"STER, PA, September 28,1992- -- QVC: Network, Inc- announced today that it will consolidate its telecommunications operation into three facilities to serve its growing business more efficiently. The three facilities are located in West Chester, Pennsylvania; Chesapeake, Virginia; and San Antonio, Texas. As a result of this consolidation, the: facility in Plymouth, Minnesota, which was acquired from CVN, is being phased out. Michael C. Boyd, QVC's President and Chief Operating Officer said, "QVC's lease on the. Plymouth location will expire ill early 199"). 'I'hc decision to close: this facility was made only after a thorough review of all factors, in ex-parulability and costs of telecommunication resources, real estate: and personnel, in each area of the country." Boyd added, "We are naturally concerned about tate welfare of the approximately 300 full-time and 200 part. time Minnesota employees affected by this consolidation. To the extent possible, employment opportunities at other QVC locations will be made -avaitable. In addition, job sourcing assistance will be provided." QVC, the nation's largest cable shopping charnel, is transmitted live, 24 hours a day, seven days a week and currently reaches more than 42 million cable homes, as well as three million homes with satellite dishes. QVC Network is headquartered in West Chester, Pennsylvania. =3"D NTE RANK A 153M CIM I OCT 2'y'L BOARD OF DIRECTORS PRESIDENT Karen Anderson Minnetonka VICE PRESIDENT David Childs New Brighton PAST PRESIDENT Bob Long St Paul DIRECTORS Don Ashworth . Chanhassen Bill Barnhart Minneapolis William Burns Fridley Joan Campbell Minneapolis Tom Egan Eagan Richard Enrooth St. Anthony Jerry Linke Mounds View Kenneth Mahle Jr. Woodbury Betty McCollum North St. Paul Frank Ongaro St Paul Barbara Peterson Orono as$ociation of metroolitan municipalities p September 25, 1992 TO: Mayors, Managers And Legislative Contacts FROM: Karen Anderson, President During this year's round of July breakfasts, we discussed ways of getting more involvement from legislative candidates on some very important city issues. We hope to educate the candidates and thereby achieve more understanding by them of these important issues as well as garner their support once elected. To that end, AMM staff has developed position papers on the Local Government Trust Fund dedicated two cent sales tax, Local Government Aid (LGA) and Homestead Credit Aid (HACA), Transportation Funding, and Metropolitan Governance. Each position discussion is followed by a couple of generic questions. The AMM would like you to use these papers within your community to educate and elicit responses from your legislative candidates. You are encouraged to use your own questions based on your own circumstances as impacted by the issues or use those provided. But please attempt to get your candidates on record supporting the AMM position, if possible. Finally, if you do get responses, either written or verbal Jim Prosser from various candidates, the AMM staff would appreciate Richfield having that information for their records, even if it is of a Craig Rapp non -supportive nature. Brooklyn Park Please contact Nicole, Roger or Vern at 490-3301 if you have Tom Spies any questions. To pass on results of your efforts we would Bloomington appreciate hard copy by mail or Fax at 490-0072. Brenda Thomas Roseville Thank you. Gene White Prior Lake EXECUTIVE DIRECTOR �Qr% Vern Peterson 3490 Lexington avenue north, st. paul, minnesota 55126 (612) 490-3301 CIM ��� 2 J` A. LOCAL GOVERNMENT TRUST FUND For the past 3 or 4 years, Local Government Aid (LGA) h6s been under fire by either the Legislature or the Governor. Cities up to this year have lost a significant amount of LGA plus some Homestead and Agricultural Credit Aid (HACA) in those cities not receiving LGA. Current LGA is $279 million, down from around $400 million 1989. The total of all aids for cities in 1992 including LGA, equalization aid, disparity reduction aid and HACA isl$486.2 million or about 45% of the 1992 city revenue base (ie, general operating budget plus bonded debt). I Minnesota is one of the few states that does -not allow.cities the option of a second source of tax revenue to augment property tax for local services. Minnesota has chosen to restrict cities to about 16% of the overall property tax revenue plus state aid derived from sales tax. Analysis of Federal census bureau and Minnesota state auditor data shows cities in Minnesota as a group spend at about the national average per capita rate This suggests that Minnesota cities as part of the snow belt are fairly frugal and have at hand, counting levy plus aid, about the right amount of total revenue resources. The Governor, in the April 29, 1992, Fargo Forum was quoted as saying that Minnesota cities should not receive state -aid and that he will continue his fight to eliminate those aids. However, he did not indicate a replacement source but implied that spending should be reduced. LGA equals 30% of all city spending. Finally, it appears that the administration and many legislators either do not understand the importance of services provided by cities or do not care. It is hard to compare education or, needy single parent families to pot holes but cities are much more than pot holes. Cities provide first line public safety; police, fire, ambulance, and emergency medical assistance. Cities Irepair streets and plow snow. Cities provide water and sewer. 'Cities provide parks, recreation, and open space. Although not essential, these services are very important in a state that supports one of the largest per capita state parks system in the nation. Without good city services, the other governmental agencies might have difficulty operating. The Local Government Trust Fund (LGTF) initiated in 1991 and supported in 1992 provided a strong framework to protect the 2 cents sales tax, 1.5 levied by the state and .5 levied by local government, for city/county property tax relief. Although revenue dedication is disliked by most legislators, the fact that part of the LGTF was locally initiated and that raiding theltrust fund would be looked at as breaking a promise for property tax relief, helped enormously to keep LGA from being cut in 1992 and 1993. Therefore: THE AMM STRONGLY SUPPORTS THE CONTINUATION OF THE LOCAL oc OCT 2 '92 TRUST FUND AS A DEDICATED CITY/COUNTY PROPERTY TAX RELIEF PROGRAM FUNDED BY TWO CENTS OF THE SALES TAX. IF DEDICATION CANNOT BE ACCOMPLISHED STATUTORILY THEN THE AMM WOULD SUPPORT A CONSTITUTIONAL AMENDMENT. . QUESTION 1: DO U SUPPORT DEDICATION CITY/COUNTY PROPERTY SALESTAX TOTHE LGTF XX RELIEF? QUESTION 2: WOULD YOU SUPPORT A CONSTITUTIONAL AMENDMENT TO GUARANTEE THIS RELIEF FOR THE PEOPLE? B. LGA/HACA — SALES TAX Included within the LGTF are the two major city property tax relief programs of HACA and LGA. As a replacement for Homestead Credit the HACA money was off limits this last session politically since no one, governor nor legislators,. wanted to be branded as `doing away' with Homestead Credit. However, except for the LGTF connection, LGA has no such protection. HACA basically provides property tax relief across the board to local units to compensate for lower class rates on primarily homestead property. LGA on the other hand has traditionally been used to correct inequities in tax rates, overburden needs, lack of property wealth, etc. Although the overall distribution of HACA and LGA can be argued as to appropriatness and/or equality the need for this or an equal amount of revenue to augment the property tax is essential. THE AMM STRONGLY SUPPORTS A CONTINUED PROGRAM WITH GROWTH OF HACA AND LGA TO AUGMENT THE PROPERTY TAX REVENUE FOR CITY SERVICES AND TO HELP PROVIDE A BASIC LEVEL FOR BASIC SERVICES WHERE NEEDED. USE OF SALES TAX REVENUE IS CONSISTENT WITH THE INITIATION OF SALES TAX AND LGA PROGRAMS IN THE LATE 1960`S. QUESTION 3: DO YOU SUPPORT CONTINUATION OF THE HACA AND LGA PROGRAMS WITH REASONABLE GROWTH FOR CITIES? QUESTION 4: DO YOU SUPPORT USE OF SALES TAX DISTRIBUTED TO ALL CITIES TO HELP AUGMENT THE PROPERTY TAX? —2— ciM OCT 2 '9'L d C. TRANSPORTATION FUNDING S The Minnesota Department of Transportation (MNDOT) releasedla five year (1992-1996) highways building program that is estimated to cost $400.0 million annually. In addition to the highway program, MNDOT, through the state general fund provides $40.0 million annually in transit subsidies. Both highway and transit funding levels are well below recommended levels. The Transportation Study Board suggested a $800.0 million annual highway construction program while annual needs for the transit subsidy exceed $50.0 million. The existing transit subsidy program does not address total transit needs. The current program is for operating subsidies and there are little or no funds for transit development, construction or expansion. The use of the highway user fund proceeds is governed by the state constitution which limits expenditures to highways. Transit cannot be assisted with highway user fund proceeds. The primary state funding source for transit has been the general fund and the motor vehicle excise tax (MVET). In recent years the MVET, however, has been used primarily for the state general fund. To continue the highway program and meet the growing transit needs, additional funding is required. In 1992, the Senatelpassed legislation that included a $.05 gasoline tax ($22.0 million/.01 cent) and a sales tax on auto repair services. The gas tax would raise $110.0 million annually and will be used for highways while the services tax will generate $60.0 million and be used for transit. The Governor also proposed •a highway -transit package. His package would raise $66.0 million for highways (.03 gays tax) and $54.0 million for transit. The transit funds would be obtained from a 2% sales tax on gasoline. The House, however, did not pass a transportation funding program. l Transportation funding will be a major 1993 legislative (issue. MNDOT is in the process of preparing a 1993 funding recommendation that not only continues the construction program but also supports transit and provides the local match for the federal highway demonstration project. Interest groups such as the Minnesota Transportation Alliance (MTA) are also developing proposals. The MTA is advocating the continued use of MVET for transportation while a similar position is supported by the Association of Minnesota Counties. For the 1993 Session, several funding options will be reviewed. Among them are: I 1. broadening the highway user fund to permit transit funding and or to alter current funding distributions. l The highway user fund currently distributes 62% of av funds to the state highway system, 29% to county h and 9% to city highways. -3- CIM lable hways 2 '93 �� All cities having a population of 5,000 or more receive funds for their municipal state aid (MSA) streets. Approximately 70% of the city MSA funds are distributed to metropolitan cities whereas less than 20% of the county CSA funds go to metro counties. An option would be to reduce the distribution to one or more of the recipients and dedicate the available portion to transit. Other possible options are to broaden the eligible use of the.user fund to transit but only fund transit from a portion of the proceeds of any new tax adopted in 1993 and subsequent years. 2. constitutionally dedicate the motor vehicle excise tax (MVET) for highways and transit. 3. implement new revenue resources not governed by the highway user fund for transit. Such taxes include but are not limited to a sales tax on gasoline or a tax on motor vehicle repairs (service tax). THE AMM SUPPORTS A COMBINED STRATEGY OF GAS TAX INCREASES TO KEEP PACE WITH HIGHWAY MAINTENANCE AND CONSTRUCTION NEEDS AND A DEDICATED MVET OR OTHER TAX SOURCE FOR TRANSIT FUNDING EXPANSION. IF THE LEGISLATURE CANNOT ASSURE STATUTORY DEDICATION OF SOME FUNDING MECHANISM, THEN A CONSTITUTIONAL SOLUTION SHOULD BE IMPLEMENTED. IN ADDITION THE AMM WOULD SUPPORT AN ADDITIONAL PAYROLL, SALES, OR TRANSPORTATION RELATED TAX IN THE METRO AREA FOR UNIQUE AND ADDITIONAL TRANSPORTATION NEEDS. QUESTION 5: DO YOU SUPPORT A STATEWIDE INCREASED TAX OR USE OF MVET FOR TRANSIT? QUESTION 6: WOULD YOU SUPPORT PERMANENT DEDICATION, EVEN CONSTITUTIONAL DEDICATION TO ENSURE ITS AVAILABILITY? -4- CIM OCI 2 '92 9 D. METROPOLITAN GOVERNANCE The Metropolitan Council is at a crossroads after 25 years of providing planning and development guidance to the seven, -county region. Some critics say the Council is too intrusive �in the affairs of local units of government, others that it is too aloof in its handling of regional affairs. The diversity and political fragmentation in the metropolitan area result in the need for a regional service delivery system to provide specific services or portions of services in the most efficient and effective way possible to meet the needs`of the residents. This diversity also means planning on a metropolitan basis must be done in cooperation with local government.. The primary purpose of a metropolitan system of governance - such as the Metropolitan Council and its Agencies -- should�be to facilitate the coordinated planning and development of the ,metropolitan area. Such a system also should provide region wide services when they are beyond the capabilities of local units of government to provide either singly or jointly, as long las the service isn't duplicated by a local unit of government. Finally, metropolitan governance should provide. region wide planning as necessary, with the cooperation of affected local government units and to fulfill other specific responsibilities as delegated by federal or state governments. I The Metropolitan Council was formed to address specific problems, but it had a broader focus. Its mission was to serve the metropolitan area. Over time it became involved in a variety of issues that helped the Twin Cities metro area grow and expand in an orderly fashion. Over the years, however, the Council has become perceived as being more politicized. It has become an enforcer of rules and regulations, backing off from its role of envisioning opportunities or challenges that face the region, and responding to those opportunities or challenges. i As the Twin Cities area moves toward the 21st Century, it will face situations where a number of choices is possible. The Metropolitan Council must be able to take a leadership mole in shepherding the area through those choices. It also mustbe able to promote the. area as one entity, not separate communities, on matters of truly regional concern. I THE AMM IS CONSIDERING THESE METROPOLITAN GOVERNANCE IS! BELIEVES THAT THE METROPOLITAN COUNCIL MAY NEED AD AUTHORITY TO COMPLETE SOME OF THESE TASKS. ONE WAY TO COUNCIL THE NEEDED AUTHORITY AND CREDIBILITY WOULD BE COUNCIL MEMBERS ELECTED BY THE PEOPLE, RATHER THAN APPC THE GOVERNOR. QUESTION 7: DO YOU AGREE OR DISAGREE WITH THE CONCEPT OF -5- AND IONAL E THE HAVE ED BY DIRECT ELECTION (ONE PERSON -ONE VOTE) FOR METROPOLITAN COUNCIL MEMBERS? QUESTION 8: IF YOU DISAGREE WITH THIS CONCEPT, WHAT ALTERNATIVE WOULD YOU SUGGEST TO MARE THE METROPOLITAN COUNCIL MORE RESPONSIVE TO THE REGION AND MORE RESPONSIBLE TO ITS AUDIENCE, THAT IS, RESIDENTS OF THE REGION AND LOCAL UNITS OF GOVERNMENT? ciM OCT z `14 CMUNICIPAL LEGISLATIVE COMMISSION September 29, 1992 Dear City Manager or Administrator: ikf, "! =:- \0 1500 Northland Plaza 3800 West 80th Street Bloomington, Minnesota 55431 Telephone (612) 893-6650 Facsimile (612) 893-6755 Each year the law firm of Messerli & Kramer, more specifically Bob Renner, has been evaluated based on minimal criteria, as to his accomplishments of the previous legislative session. Once again, the evaluation committee has decided to base its recommendation on input received from each member city in the MLC and also documented personal contacts a with legislators. confer with the Mayor and Council in mon a perception of how Bob Rer L honestly fill out_the fon needs, and our collective .Please return the a com leted form 1830 East County Road B, Maplewood, 5510 - 9 y October 5,1992. When the forms are compiled, our committee will meet and go over the results with Bob. We really welcome written comments as w Additionally, we have asked Bob to supply us with what he feels are or were his accomplishments this last session. Our recommendation then also will be based not on what you feel he accomplished but also what he feels he accomplished. Further, we have asked Bob to develop a list of goals he wishes to concentrate on thi next session. This information will not only be used to keep our Commission up to d with what we will be pursuing this session, but also will be used as a basis for Bob's evaluation at the end of next year. We hope this process will make it easier for the 1 group of leaders of the MLC for his evaluation next year. Again, please return the survey to me by October 5, 1992, so we can have the information compiled when we meet with Bob. Sincerely, Mike McGuire City Manager, Maplewood CSM OCi 2 '91 Member Cities: Bloomington, Burnsville, Eagan, Eden Prairie, Edina, Lakeville, Maplewood, Minnetonka, Plymouth, Roseville, Shoreview, White Bear Lake, Woodbury tit � ;i �. ♦ �Y .. . , i t'; ►i1� �M Each year the law firm of Messerli & Kramer, more specifically Bob Renner, has been evaluated based on minimal criteria, as to his accomplishments of the previous legislative session. Once again, the evaluation committee has decided to base its recommendation on input received from each member city in the MLC and also documented personal contacts a with legislators. confer with the Mayor and Council in mon a perception of how Bob Rer L honestly fill out_the fon needs, and our collective .Please return the a com leted form 1830 East County Road B, Maplewood, 5510 - 9 y October 5,1992. When the forms are compiled, our committee will meet and go over the results with Bob. We really welcome written comments as w Additionally, we have asked Bob to supply us with what he feels are or were his accomplishments this last session. Our recommendation then also will be based not on what you feel he accomplished but also what he feels he accomplished. Further, we have asked Bob to develop a list of goals he wishes to concentrate on thi next session. This information will not only be used to keep our Commission up to d with what we will be pursuing this session, but also will be used as a basis for Bob's evaluation at the end of next year. We hope this process will make it easier for the 1 group of leaders of the MLC for his evaluation next year. Again, please return the survey to me by October 5, 1992, so we can have the information compiled when we meet with Bob. Sincerely, Mike McGuire City Manager, Maplewood CSM OCi 2 '91 Member Cities: Bloomington, Burnsville, Eagan, Eden Prairie, Edina, Lakeville, Maplewood, Minnetonka, Plymouth, Roseville, Shoreview, White Bear Lake, Woodbury PERFORMANCE APPRAISAL FORM September, 1992 RE: -Services of Messerli & Kramer/Bob Renner to the MLC over the past year. Rating Scale: 1 2 3 4 5 Poor Good Excellent Performance Expectations: 1. Administrative Duties: Agenda packets are complete/timelyhnformative. Minutes and records are accurate, meeting notices/ arrangements are properly done, oral and written reports are concise and understandable. Score 2. Communications/Lobbyina: Has credibility with legislative contacts. Has a professional manner, proper technical skills and knowledge about the property tax system. Has good insights on the political process and anticipates legislative actions. Score ' 3. Promotion/Public Awareness: 1 � \O Is assertive with proposed action programs and goals for MLC to pursue. Follows up and reports on progress and recommends any needed changes. Effectively carried our message to other groups and organizations. Score 4. Results Achieved: Overall work has been effective and has achieved positive results for MLC member cities. Score Comments: Note any strengths/weaknesses which should be brought to the evaluation team's attention. Completed by: City: Date: INFORMATION FOR THE MINNETONKA, PLYMOUTH AND ST. LOUIS PARR SUN/SA] • REGARDING BASSETT CREEK WATER MANAGEMENT COMMISSION 1992 UPDATE PLEASE CONTACT JIM HERBERT OR LEN-KREMER, BARR ENGINEERING CO., 832-2900 FOR MORE INFORMATION BASSETT CREEK PROJECT WINS STATE AWARD General The Bassett Creek Water Management Commission represents nine commuri in the Bassett Creek Watershed. The Commission's mission is to preserves resources of the watershed, control flooding, and enhance and protect quality. The Commission's 1992 operating budget is $247,500.. Following, summary of the Commission's recent accomplishments and proposed project programs. 1� State Award _ki ities water water is a and The Bassett Creek Water Management Project recently received a '1992 !Seven Wonders of Engineering" award, from the Minnesota Society of Profess onal Engineers. The award recognizes the dedication of the Bassett Creek Water Management Commission and the nine member communities in supporting a project that provides greater flood protection throughout the watershed and increases the water quality of the existing lakes and wetlands. Completed Proiects- Bassett Creek Tunnel: The Bassett Creek tunnel is central to the $38 million flood control project. It was cooperatively planned and funded by the Bassett 'Creek Water Management Commission, the St. Paul District U.S. Army Corps of Engineers, the Minnesota Department of Transportation (MnDOT), and the Minnesota Department of. Natural Resources. The new tunnel replaces the 23\27\051\MPSTLP.WP\DSD 1 1IM OCT 2 ' deteriorated and undersized 1.5 mile tunnel which flooded the Dupont Avenue and Second Avenue North area in Minneapolis several times in the last decade. The final segment of the tunnel, completed in February 1992 for $13,400,000; consisted of a shallow 11 -foot by 11 -foot twin box culvert over 1 mile long which runs through the warehouse district of Minneapolis. The new tunnel's first segment, constructed by MnDOT in 1979 for $12,000,000, consisted of a concrete -lined 12 -foot arch tunnel, 4,800 feet long, along 2nd Street North. The second segment, completed in 1989 for $2,400,000, consisted of a concrete -lined 13 -foot arch tunnel, 1,300 feet long along 3rd Avenue, mined through bedrock 80 feet below ground. Markwood Drive/Edgewood Avenue Embankment: This project, located in the City of Crystal along 36th Avenue near Markwood Drive and Edgewood Avenue, was designed by the Corps of Engineers and was completed in the spring,of 1992. The project consisted of extending culverts and providing erosion control structures at Louisiana Avenue and Hampshire Avenue; installing an 8 -foot by 4 -foot box culvert along 36th Avenue which discharges into Bassett Creek downstream of 36th Avenue; and modifying the existing flood control embankment located downstream of Florida Avenue. The project will reduce flooding along the North Branch of Bassett Creek. Flood Control Structures: Flood control features recently completed include flood control structures at Wisconsin Avenue and at Theodore Wirth Park in Golden Valley. These structures provide temporary stormwater storage in Brookview .Community Golf Course and in Theodore Wirth Golf Course. Each of these structures has been tested more than once; significant rain during 1991 and June 1992 forced the structures into service. Although temporary flooding of the storage areas created an inconvenience for Theodore Wirth and Brookview golf courses, the control structures performed as designed, and 23\27\051\MPSTLP.WP\DSD 2 2 '92- saved downstream residents in Golden Valley and Minneapolis thousand dollars in potential flood damage. k Westbrook Road: A new structure is scheduled to be installed at the Westb: crossing of Bassett Creek in Golden Valley. Due to aesthetics control concerns, the City has chosen to replace two existing culverts with a large concrete arch. The project will decrease upstream of Westbrook Road. Management Plan: al k Road flood The Bassett Creek Water Management Plan was complete and distributed to each city in March 1990. A copy of the Plan may be reviewed at thl City Hall or may be purchased from the Commission for a price of $25. Proposed Improvements Other remaining improvements to be completed include a series of small control structures in the watershed to temporarily impound floodwaters, culvert replacements, a replacement outlet structure at Medicine Lake, replacement of a railway bridge in Minneapolis, and channel improvements. Nonstructural measures include continuation of existing floodplain regulations. Water Ouality Traditionally; the Commission's principal concern was flood control, however, since 1982, the Commission has been involved_ with water quality issues. The Commission has been taking steps to preserve and enhance the clarity and purity of the lakes, streams, and wetlands within the watershed. To improve and protect these resources, each citizen must also take acti.oA-.tQ-.benef-* the watershed. Here is what you can o: 1. Limit the amount of lawn fertilizer you use. Every bag nf: lawn fertilizer coverinq 5,000 square fe0-10-3.Q-formula contains 23\27\051\MPSTLP.WP\DSD 3 CIM =--\ k 2 pounds of phosphorus. Two pounds of phosphorus running off into a watershed lake can produce 1,000 pounds of weeds and algae. You might be surprised to know that most lawns do not need much phosphorus; actually, 95 percent of Twin Cities lawns do not need any additional phosphorus at all. 2. Do not let fertilizer spill on sidewalks, streets, or driveways. Treat it like a precious commodity. 3. Sweep your driveway; do not hose your driveway off into the street's stormsewer. . Lawn refuse that flows into the lake becomes natural fertilizer for undesirable aquatic plants. 4. Stop erosion by planting grasses, shrubs, bushes, and trees. If you see the ugly scars of erosion on construction sites, call your city officials and let them know where it is happening. 5. Don't put--used-motor oi-1 anti grease down the drain; take it to a gas station for recycling. Many full-service stations now serve as collection points for used oil. 6. Be a responsible pet owner and clean up after your pet when you go out for a walk. Animal feces is a significant contributor to water pollution because it increases both nutrient levels and coliform counts. 7. If you use a power boat on the lake, go slow in the roiling -up the bottom which resuspends nutrients, reduces water clarity and disturbs fishing habitat. 8. Catch basins should be kept clean and free of debris that could prevent stormwater from entering them. 9. Commercial and industrial property owners should sweep their street gutters and parking lots. Stormwater runoff from parking lots carries sand and salt into a waterway. Studies have shown that street and 23\27\051\MPSTLP.WP\DSD A 61M OCT 2 �� parking lot sweeping is an effective measure in reducing the pollutants to the water. Bassett Creek Water Management Commission Representatives Crystal: Golden Valley: Medicine Lake: Minneapolis: Minnetonka: New Hope: Plymouth: Robbinsdale: St. Louis Park William Monk Edward Silberman, Treasurer John O'Toole Marvin Hoshaw David Sonnenberg W. Peter Enck, Chairman Fred Moore, Vice Chairman Jerry Ruffenach Don Rye, Secretary t of 23\27\051\MPSTLP.WP\DSD 5 I y` CIM �� r HSCENE-3 XT 1 1992 CITY OF PLYMCUTH IPOMMUNITY DEVELOPMENT DEPT. September 30, 1992 Charles E. Dillerud Executive Director City of Plymouth, HRA FROTMO Ti Please accept this letter as official notice of my resignation as a member of the Plymouth HRA. I apologize for the delay in notifying you of my decision, but it seems that time passes so rapidly. Working for the city for the past 21 years has been an interesting and challenging experience. I am glad that I have been a part of it. The city has greatly matured over the last decade, and I think that all of those involved can be proud of the part which each of us played in the development of our community. As you know, I am an advocate for senior citizen housing and I would love to remain on the committee until this project is completed However, family circumstances are such that I tender my resignation at this time. I have enjoyed my association with the commission and wish you and all of the members the very best and a successful completion of the Senior Housing Project. Sincerely, Lloyd J. Ricker cim OCT 2 '92 .1 469.003 ECONOMIC DEVELOPMENT 9516 city in this state a public body, corporate and politic, to be known as the housing and redevelopment authority in and for that city. No such authority shall transact any busi- ness or exercise any powers until the governing body of the city shall, by resolution, find that in that city (1) substandard, slum, or blighted areas exist which cannot be rede- veloped without government assistance, or (2) there is a shortage of decent, safe, and sanitary dwelling accommodations available to persons of low income and their fami- lies at rentals they can afford, and shall declare that there is need for a housing and rede- velopment authority to function in that city. In determining whether dwelling. accommodations are unsafe or unsanitary, or whether substandard, slum, or blighted areas exist, the governing body may consider the degree of deterioration, obsolescence, or overcrowding, the percentage of land coverage, the light, air, space, and access avail- able to inhabitants of the dwelling accommodations, the size and arrangement of rooms, the sanitary facilities, the extent to which conditions exist in the buildings that endanger life or property by fire or other causes, and the original land planning, lot lay- out, and conditions of title in the area. Subd. 2. Public hearing. The governing body of a city shall consider such a resolu- tion only after a public hearing is held on it after publication of notice in a newspaper of general circulation in the city at least once not less than ten days nor more than 30 days prior to the date of the hearing. Opportunity to be heard shall be granted to all residents of the city and to all other interested persons. The resolution shall be pub- lished in the same manner in which ordinances are published in the municipality. Subd. 3. Conclusiveness of resolution. When the resolution becomes finally effec- tive, it shall be sufficient and conclusive for all purposes if it declares that there is need for an authority and finds in substantially the terms provided in subdivision 1 that the conditions therein described exist. Subd. 4. Copy filed with commissioner of trade and economic development. When the resolution becomes finally effective, the clerk of the city shall file a certified copy of it with the commissioner of trade and economic development. In any suit, action, or proceeding involving the validity or enforcement of or relating to any contract of an authority, the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers upon that filing. Proof of the resolution and of that filing may be made in any such suit, action, or proceeding by a certificate of the commissioner of trade and economic development. Subd. 5. Commissioners. An authority shall consist of five commissioners, who shall be residents of the area of operation of the authority, who shall be appointed after the resolution becomes finally effective. Subd. 6. Appointment; approval; term; vacancy. The commissioners s a e appointed by the mayor, with the approval of the governing body. Those initially appointed shall be appointed for terms of one, two, three, four, and five years, respec- tively. Thereafter all commissioners shall be appointed for five-year terms. Each vacancy in an unexpired term shall be filled for the remainder of the term for which the original appointment was made. Any member of the governing body of a city may be appointed and may serve as a commissioner of the authority for the city. The council of any city which appoints members of the city council as commissioners may set the terms of office of a commissioner to coincide with the commissioner's term of office as a council member. Subd. 7. Certificate of appointment; filing. Commissioners shall hold office until their successors have been appointed and qualified. A certificate of appointment of each commissioner shall be filed with the clerk and a certified copy shall be transmitted to the commissioner of trade and economic development. A certificate so filed shall be conclusive evidence of appointment. History: 1986 c 444, 1987 c 291 s 3, 1987 c 312 art 1 s 26 subd 2 elm OCA L 9517 469.0(• AUTf Si count} housir to be] referre exerci! there i consid motiol asserti ing th, declari the fin SU ies or c cal sul redeve other f public ment 6 exercis author. Su that su cannot safe an als or p tive, of authori 469.04 In erring Su finally declare tially tl Su serve, ; Where and me county ticount nomic county and thi, opmeni initiate, housing of12n Sul the res( a c ertifi $ions o to filing ' ` Iii• C 532 s Z �3 GENERAL ELECTION UPDATE September 28, 1992 GENERAL ELECTION --- Tuesday, November 3. Polls open 7 a.m. - close 8 p.m. With redistricting and new polling locations, we expect to receive many calls with regard to the election. The following information will help you in answering election questions. ABSENTEE BALLOTS --- We will receive the absentee ballots for the General Election no soon than Monday, October 5. Please take the name and address of any individual requesting an absentee ballot and give it to Sue. An application will be mailed to them. A spouse, brother or sister, child, or parent of a voter may apply for an absentee ballot on behalf of the voter. Please suggest this in the case of a parent calling to get an absentee ballot for their child. We will send the application to the parent, who completes the form and returns it. The absentee ballot will be mailed directly to the voter. We can legally fax or accept faxes for absentee ballot applications. Feel free to fax absentee ballot applications to individuals on request. If individuals want to vote their absentee ballot in person at the City Center, they may come to the Information Counter starting Tuesday, Oct. 6. They can apply for the ballot and vote it right there. Or, they can take their ballot with them. They cannot take a ballot for another voter with them. The City Center will be open Saturday, Oct. 31, from 1-3 p.m., and on Monday, November 2, from 8 a.m. to 7 p.m., for absentee voting. REGISTERING TO VOTE --- Voter Registration closes on October 13. Please take the name and address of individuals who wish to register to vote. Sue will mail them a voter registration card which they must return by October 13. You can also suggest that they come to the City Center and complete a voter registration card at the Information Counter - again by October 13. No identification is needed to register to vote if it is done by October 13. I WANT TO BE A JUDGE --- Many names of potential judges have been submitted for the General Election. However, if a person is interested in working the November election as an election judge, take their name and phone number. Sue will get back to them. POLLING LOCATIONS --- The polling locations for the General Election will remain the same as for the Primary Election. The precinct finder you used for the Primary Election is correct. If you receive any questions you cannot answer, please take the person's name and number and Laurie or Judy will return the call. THANKS FOR YOUR HELP. CIM OCj 2 44 = \4 C.., Minutes of the Park and Recreation Advisory Commission Meeting September 10, 1992 Page 41 Present: Chair Anderson, Commissioners Burk, Gutzke, Johnson, Waage, Wahl and Watson; staff Bisek, Blan� and Pederson; Councilman Edson 1. CALL TO ORDER Chair Anderson called the September meeting to order at 7 p.m. in the Council Conference Room. 2. APPROVAL OF MINUTES A motion was made by Commissioner Gutzke and secc Commissioner Wahl to approve the minutes of the meeting as presented. The motion carried with all ay 3. VISITOR PRESENTATIONS a. Athletic Associations. None were present at meeting. ed by ugust this tS aff• Mary stated that fall soccer was underway,! with about 700 kids playing this year. Fall program registration began on the 8th of September, and some programs were already full as of the 10th. The Bass Lake Playfield shelter is a site for some of our fall classes, and Mary indicated that registration for these classes has been very good. Also this fall, we will be 'doing some joint after school programs with School District 281, in addition to continuing after school programming with District 284. Mary asked commissioners for 'their input on the new layout of the recreation brochure. Mary stated that the ADA (Americans with Disabilities Act) will require changes in our programs and facilities, as well as in job descriptions. Public hearings will be held in the near future. Mary announced that the Minnesota Recreation and Park Association fall conference is scheduled for November 19-21, in Rochester. There will be a special session for park board members on Saturday, the 21st, and if any commissioner is interested in attending, the registration fee will be covered by the department. Mary said that Hennepin Parks Beach on the north end of Medicine Lake had to close this summer for a brief time due to the fecal coliform count in the water (caused by goose droppings). There was some concern on the part of our lifeguards that the same conditions might exist at Parkers Lake. Parkers' water was tested and found to be acceptable, but the goose situation there and in other Plymouth parks is becoming a real concern according to Mary. Director Blank agreed as did the commissioners and councilman Edson. Mr. Edson indicated that the Council has strongly urged the Legislature to do something about the goose population in the metropolitan area. CIM 10�� 2 `�2 PRAC Minutes/September 1992 Page 42 C. Others. No presentations. 4. REPORT ON PAST COUNCIL ACTION a. Ice rink locations. Council approved the ice rink locations and maintenance modes as recommended by PRAC. b. 10th Avenue Park name. Council approved the name South Shore Park as recommended by PRAC. C. Ridgemount sidewalk/feasibility study. Council approved conducting a feasibility study on the need for a sidewalk/trail on Ridgemount Avenue as recommended by PRAC. 5. UNFINISHED BUSINESS a. Volunteer program. Director Blank introduced Annette Hohytya, the Volunteer Coordinator from the City of Brooklyn Park. Annette explained that she was the first volunteer coordinator in the state to go to work for a city, and that she began on a half-time basis. She indicated that she now works 39 hours a week, but quite frequently goes over 40 hours, particularly during special events such as Brooklyn Park's Tator Daze. She stated that finding volunteers to help with one time special events is easier than finding volunteers for "management" positions. She indicated that she recruits by using a "tear off form" that people can mail in. She recommends that when getting volunteers involved, it is best to begin with easy tasks and then branch out to more complex jobs. She stated that when she began as a volunteer coordinator in 1983, most people at that time were volunteering in nursing homes and hospitals. The trend toward volunteering for cities and social agencies is fairly new. In addition to recruiting volunteers for special events and for the parks department, Annette also works with the Community Resource Center by finding ways for individuals to fulfill community service time, doing things such as cleaning up Shingle Creek Park. She also works with educational institutions, finding college students to do tutoring for high school students. It has been her experience that most volunteers want to continue with the same type of volunteering. If they help with special events or with cleaning up parks, etc., this is where they will likely continue to volunteer their time. Much of Annette's time is spent "networking" with other agencies. She indicated that she has a very comprehensive list of other volunteer agencies and their coordinators, and she works with these other agencies quite extensively. She said that she would make this list available to Director Blank. When looking for a volunteer coordinator, Annette stated that a person with a degree is nice in some ways, but that more important, CIM OCT 2 '92 i PRAC Minutes/September 1992 Page 43 is a person familiar with the community. Annette's background includes a major in music and communciations, and extensive volunteer work with the park reserve,! Camp Fire, and the gifted program. She also stated that having six children kept her involved in the community and the schools. I Commissioners questioned Director Blank on what direction they were to take in terms of the volunteer coordinator. They were still somewhat unclear about this assignment. Director Blank said he understood that PRAC was to research the benefits a volunteer coordinator might provide to the City, which departments besides park and recreation have needs, and how to justify a I paid position, be it full-time or part-time. It was suggested by Chair Anderson that at this time, it might be appropriate to appoint a sub -committee to look into this further. Those volunteering were Chair Anderson, Commissioners Waage and Watson, and staff members Bisek and Blank. They will meet prior to the next regular PRAC meeting. b. Review sidewalk and trail plan. Director Blank -said that it would be necessary for PRAC to recommend approval of the sidewalk/trail plan. A MOTION WAS MADE BY COMMISSIONER WATSON AND SECONDED BY COMMISSIONER I WAHL RECOMMENDING THAT COUNCIL ADOPT THE REVISED SIDEWALK/TRAIL PLAN (FIG. 8) AS PROPOSED BYI THE CONSULTANT. THE MOTION CARRIED WITH ALL AYES. c. Park projects update. The three neighborhood parks were all seeded and the grass is growing nicely. We willftake ownership of the Bass Lake Lake Playfield within'a�week or two. Tennis and basketball courts are open atIboth playfields. The bridges at Fazendin and Four Seasons neighborhood parks are now in place. j I d. Focus groups and surveys. Commissioner Johnson agreed to chair the sub -committee, and a date for their first meeting. will be chosen following tonight's regular PRAC meeting. i e. Amendment to park plan - playfield site selection. No discussion. i f. Proposed 93-97 CIP. The Planning Commission held a public hearing. An addition to the CIP in 1993 4s a trail along Zachary Lane as tion if approved by Council. part of the road reconstruc- 6. NEW BUSINESS There was no new business to discuss. CIM OCT 2 W 7--- �-� c-, PRAC Minutes/September 1992 Page 44 7. COMMISSION PRESENTATION Commissioner Gutzke visited the area along South Shore Drive, where the residents have asked for landscaping to block out the noise and the view of Ryerson Steel. He feels that it would be a waste of money, since it would not accomplish either objective. Commissioner Wahl and Chair Anderson have both visited this area as well and agree -that the situation would not be significantly improved by this requested landscaping. It was the general consensus of PRAC that this money could be more wisely spent on some other project. Commissioner Wahl stated that he and his children recently visited Swan Lake Park and were impressed when police reserve officers stopped by, handed out stickers and talked to the children. 8. STAFF COMMUNICATION The Willow Woods residents have officially adopted South Shore Park. It was suggested that a grand opening celebration be conducted yet this fall. Director Blank and Mary Bisek will come up with a date. 9. ADJOURNMENT The meeting adjourned at 8:30 p.m. CIM OCT 2 'U FORUM NOTES September 21, 1992 1. Ed Brunken, 1720014th Avenue North, showed photographs and commented on the construction at St. Phillips Lutheran Church which is located on County Road 6. He expressed concerns about the City's Zoning Ordinance and granting of variances over the years. He stated the construction work recently done at St. Phillips Lutheran Church has affected the abutting residential properties. He noted the following items: heavy earth moving equipment in the residential area; cracks in residences caused by the construction; language of the construction workers on the site; a construction worker urinating in front of children; tree removal breaking a fence; safety concerns because workers are not wearing proper equipment; ` drainage ditch full of decaying vegetation; lack of privacy due to continuous events at the church with many people in the yard areas; garbage collection before 7:00 a.m.; lack of screening on garbage compactor, loose garbage; and loud noise. Mr. Brunken asked if the church was going to purchase two homes in order to further expand. I Councilmember Helliwell stated the construction should be near completion and asked if some of the problems would then be resolved. - I Mr. Brunken stated that a number of the items will continue to be a problem for the abutting residences. He stated that most offensive to the residents is the constant roar of the air conditioning unit which runs from 5 p.m. to 5 a.m. each day. Community Development Director Dillerud stated that another resident had come before the Council at the August Forum noting the problem with the air conditioning unit. A meeting has been scheduled with the neighbors, City staff, church representative, and air conditioner engineer to discuss the noise concerns. Director Dillerud stated that two houses were proposed to be purchased as part of the church's original plan; however, no current plan to do so has been filed with the City. He stated the church is currently at the maximum 50 percent lot coverage. They could not expand further on the existing site. He stated that the garbage compactor should be screened on all sides. The City is still holding a site improvement bond to ensure that the improvements are completed. i Mayor Bergman stated he will attend the meeting regarding the air conditioning) unit and invited a councilmember to attend as well. OCT 2 12 SHINGLE CREEK WATERSHED MONHGEMENT COMMISSION 3030 Harbor Lane, Suite 100 • Plymouth, MN 55447 Telephone (612) 553-1144 Fax (612) 553-9326 October 1, 1992 Commissioners Shingle Creek Watershed Management Commission Hennepin County, Minnesota Dear Commissioners: A regular meeting of the Shingle Creek Watershed Management Commission will be held Thursday, October 8, 1992, at the Saint Andrews Club, 8700 Edinbrook Crossing, Brooklyn Park, MN. Lunch will be served promptly at 12:00 noon and the Shingle Creek and West; Mississippi WMO meetings will begin at 12:45 p.m. Please call the Commission office to confirm whether you or your Alternate will be attending this meeting. We must make final reservations by Tuesday, October 6, 1992. An agenda for the meeting is enclosed. Regards, Judie A. Anderson Recording Secretary JAA:tim Encls. cc: Alternate Commissioners Member City Of fices Curtis A. Pearson Dale Claridge Metropolitan Council Water and Soil Resources Board Post Publications Osseo -Maple Grove Press BROOKLYN CENTER • BROOKLYN PARK • CRYSTAL • MAPLE GROVE • MINNEAPOLIS • NEW HOPE • OSSEO • PLYMOUTH • ROBBINSDALE CIM OCT 2 ' zi SHINGLE CREEK WOTERSHEO MANHGEMENT COMMISSION 3030 Harbor Lane, Suite 100 • Plymouth, MN 55447 Telephone (612) 553-1144 Fax (612) 553-9326 A regular meeting of the Shingle Creek Watershed Management Commission will be held Thursday, October 8, 1992, at 12:45 p.m. at the Saint Andrews Club, 8700 Edinbrook Crossing, Brooklyn Park, MN. An agenda for that meeting follows: 1. Call to order. 2. Roll call. 3. Minutes of September 10, 1992 meeting. 4. Reports from officers. 5. Approval of claims. 6. Consideration of communications. a. Communications log. 7. Project Reviews. a. SC92-10 Evergreens at Earle Brown Farm, Brooklyn Center. 8. Other business. a. Twin Lakes Proposals. b. Ryan Lake Flooding. 9. Adjournment. BROOKLYN CENTER • BROOKLYN PARK • CRYSTAL • MAPLE GROVE • MINNEAPOLIS • NEW HOPE • OSSEO • PLYMOUTH • ROBBINSDALE a 1_ 1qv SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION 3030 Harbor Lane, Suite 100 • Plymouth, MN 55447 Telephone (612) 553-1144 Fax (612) 553-9326 MINUTES August 13, 1992 A meeting of the Shingle Creek Watershed Management Commission was called to order by Vice Chairman Bill Monk on Thursday, August 13, 1992, at 12:55 p.m. at the Saint Andrews Club, 8700 Edinbrook Crossing, Brooklyn Park, MN. Present were: Sy Knapp, Brooklyn Center; Kevin Larson (voting) and Gary Brown, Brooklyn Park; Bill Monk, Crystal; Jodi Polzin, Minneapolis; Mark Hanson, New Hope; Gene Hakanson, Osseo; John Sweeney, Plymouth; Fran Hagen, Sr. (voting) and Jerry Ruffenach, Robbinsdale; Curt Pearson, attorney; Dale Claridge, JMM; and Judie Anderson, recording secretary. Also present were: Ed Wright, Ralph Harmon and Jo Harmon, Robbinsdale. I. Minutes. Larson moved and Hakanson seconded a motion to approve the minutes of the June 11, 1992 meeting. Motion carried. (No meeting was held in July.) II. Treasurer's Report. Knapp moved and Larson seconded a motion to approve the Treasurer's Report. Motion carried. III. Approval of Claims. Knapp moved and Hakanson seconded a motion to approve claims total- ing $9,551.40. The claims were approved by roll call vote: ayes - Knapp, Larson, Monk, Hanson, Palzin, Hakanson, Sweeney and Hagen; nays. - -none, absent - Maple Grove. IV. Correspondence. A. The Commissioners reviewed the Communications Log. No action was required. B. The Commissioners considered a letter from Randall Anhorn of the Metropolitan Council seeking to determine the Commission's interest in participating in a citizen -assisted lake monitoring program in 1993. Monk moved and Knapp seconded a motion directing Claridge to indicate to Met Council the Commission's desire to include Upper Twin, Middle Twin and Eagle Lakes in the program and inquiring about the possibility of the two Twin Lakes being considered as one lake forpurposes of this program. Motion carried. BROOKLYN CENTER . BROOKLYN PARK • CRYSTAL • MAPLE GROVE • MINNEAPOLIS • NEW HOPE • OSSEO • PLYMOUTH . ROBBINSDALE ciM OCT 2 *9Z SCWMC Minutes August 13, 1992 page 2 C. The Commissioners reviewed copies of a letter from Kraus Anderson Insurance re Second Injury Fund Registration. Pearson reported that no action is required by the Commission. D. Larson reported on the meetings being held by the Hennepin Conservation District to finalize a draft Hennepin County Ground Water Plan. E. Anderson passed around an August 10 letter from the Minnesota Environmental Quality Board inviting citizens to participate in a public meeting to discuss the effectiveness and efficiency of state environmental services, laws and regulations and how to reorganize state agencies to improve the delivery of services and administration. V. Project Reviews. 92-6 The Townhomes of Wintergreen. Development of a proposed plat consisting of 14 double units and five single units on a 9.6 acre I site located on the south side of 89th Avenue at the intersection of Forestview Lane in Maple Grove. Knapp moved and Hakanson seconded a motion directing the consultant to notify the City of Maple Grove that approval of 92-6 is hereby granted. 92-7 City of Brooklyn Park. Installation of a box culvert to provide a crossing over Shingle Creek for Lakeland Avenue. Hagen moved and Sweeney seconded a motion directing the consultant to notify the City of Brooklyn Park that approval of 92-7 is hereby granted. VI. Other Business. A. Twin Lakes. Knapp gave an overview of the subcommittee meeting held July 28. (Copies or minutes of -that meeting were previously transmitted to the Commissioners.) In their August 10, 1992 memo, � Paul Nelson and Claridge outlined six potential projects for defining and remedying pollutant sources. It was the consensus of the group that all of the projects were important. Knapp moved and Monk seconded a motion directing JMM to submit a proposal, providing separate costs and a more detailed description for each element, for consideration at the September meeting. Motion carried. B. Ryan Lake. Hagen reviewed the concerns of the residents around Ryan as outlined in his July 28 letter. The Commissioners I also received copies of Claridge's November 14, 1991 memo and attached materials which discussed high water problems and the City of Robbinsdale's request to the Commission to modify the weir at France Avenue. I CIM OCj z y� =- VA C_ SCWMC Minutes August 13, 1992 page 3 [Hanson departed 2:20 p.m.] The Commissioners discussed the analyses found in the tables. They indicated they would like to see additional data, particularly variations in the width and height of the weir. Hagen moved and Knapp seconded a motion directing Claridge to prepare the requested information for presentation at the September meeting. Motion carried. There being no further business before the Commission, Hakanson moved and Knapp seconded a motion to adjourn. Motion carried. The meeting was ad- journed at 2:50 p.m. Respectfully submitted, Judie A. Anderson Recording Secretary JAA:tim CIM OCA 2 '92 Attention University Commuters You can take the bus from your home to the University of Minnesota Campus with Plymouth Metrolink Service Routes 91(A, B, C, D & H): These routes generally serve the southern and western areas of Plymouth. Shuttle buses circulate through the neighborhoods on fixed mutes and regular schedules, then transport passengers to the park and ride lot at County Road 73 and Highway 55. At the park and ride lot passengers transfer to buses for direct service to downtown Minneapolis. When you arrive in Minneapolis, transfer at fourth street to an MTC Route 16 bus that will take you to the University campus. Total cost for a one-way trip is $1.60 and even less if you purchase a monthly pass! Routes 93 (A, B & C): These routes generally serve the northern and eastern areas of Plymouth. Shuttle buses circulate through the neighborhoods on fixed mutes and regular schedules, then transport passengers to a transfer point at Four Seasons Mall. . At the transfer point passengers transfer to buses for direct service to downtown Minneapolis. When you arrive in Minneapolis, transfer at fourth street to an MTC Route 16 bus that will take you to the University campus. Total cost for a one-way trip is $1.60 and even less if you purchase a monthly pass! Plymouth Metrolink is a service managed by the Oty of Plymouth and operated under contracts with the MTC and National School Bus. The Enclosed Schedules Have More Detail on Each Route 1 For More Information Call 827-7733 GIME OCT 2 ' _: 1 l0 I* September 28, 1992CITY OF PLYMOUTR Dennis Paulson Police Captain 3400 Plymouth Blvd. Plymouth, MN 55447 SUBJECT: APPODallENT• Dear Dennis: On behalf of the City Council, I want to congratulate you on your appointment to Captain. Your capable tutelage of the Plymouth Public Safety Department while we were without a director demonstrates your competence and dedication to the department. Now, for the first time, our department will clearly have a "second in command." We are pleased that it has been possible to provide you with this opportunity. We hope to be able to continue this pattern and other opportunities such as the recommended creation of rotating investigator position as proposed in the 1993 budget. Dennis, it truly goes without saying, your contributions to the City are highly valued. Sincerely, Kim M. Bergman Mayor KB:keb cc: City Councilmembers Public Safety Director Gerdes elm OCT 2 W 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 CITY OF September 28, 1992 PLYMOUTR Tom Saba Lieutenant - Patrol Division 3400 Plymouth Blvd. Plymouth, MN 55447 SUBJECT: CONGRATULATIONS Dear Tom: On behalf of the City Council, I want to congratulate you on your assignment to'the Patrol Division. This assignment confirms your supervisor's confidence in your ability to help revitalize the department. It also represents a philosophy which the Public Safety Director and the Council are interested in implementing throughout the department which allows' for periodic reassignment. Tom, your breadth of experience which you have accumulated since first coming to Plymouth is a major asset. Thank you for your many continuing contributions. Sincerely, Kim M. Bergman Mayor ". CIM OCT 2 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 0 NQk CIM OCT 2 '92 16. 1992 Officer Karen Forslund Plymouth Police Department 3400 Plymouth Blvd. Minneapolis, MN 554Y/ Dear Officer ForslwM : Al 7 WYNNEWOOD ROAD, SUITE 215 P.O. BOX 303 f WYNNEWOOD, PA 19096 (215) 649-7055 I FAX. (215) 649-5456 it 0 of the National Associati�of To Tm. I inform you that -Plymouth" has been selected as &k1e of the' to outstanding first-year participation in the 09th Annu a oral Night Out" (NN—al crime and drug prevention program. Within the next month, you will be receiving a special award recognizing your area's extraordinary participation NNO 1992 campaign. This year's event was the largest ever involving 25 million people in 8.500' communities from all 50 states. U.S. territories and military bases worldwide. I We extend our congratulations for being selected among the nation's bestl For your reference, we have enclosed a complete listing of all of this year's award winners. A full recap of National Night Out 1992 will appear in the Fall' issue of our "New Spirit" newsletter which will be out in late October. Again, we salute you and your community for a job well donel MAP/rl Enc. Sincere Matt A Peskin National Project Coordinator SPONSORS OF "NATIONAL NIGHT OUT" • AMERICAS NIGHT OUT AGAINST CRIME tPCT 2 '9$ CIMARRON EAST HOMEOWNERS ASSOCIATION A COMMUNITY OF CARING PEOPLE September 21, 1992 CTomlVets�:ch:,peii,ptendent of City Street CITY OF PLYMOUTH Public Works Building 14900 23rd Avenue North Plymouth, Minnesota 55447 Dear Tom, I, and the residents of Cimarron East wish to thank you and your crew for the work that has been done on and along portions of 19th Avenue within the complex. This work will provide better road surfaces for years to come. Thank you again and express our thanks to your crew that did a fine job on this project. Sincerely, Earl Peterson, President cc: Members of Board of Directors Fred Moore, Director of Public Works SEP tip, is-a:j j� CIM OCT T W I" XAI E S T CHAMBER OF COMMERCE September 28, 1992 Mr. Frank Boyles City of Plymouth 3400 Plymouth Boulevard Plymouth MN 55447 Dear Frank, Thank you for your commitment to the Economic Development Committee during the past year. Your hard work and dedication to the TwinWest Chamber of Commerce is greatly appreciated. i The Economic Development Commitee had a great many successes over the past year. Not only did the Committee reach all of its' goals and objectives, but organized two very successful events and developed a unique program that will benefit the entire west metro area. I believe that during the new program year, the Economic Development Committee will continue to succeed in its' endeavors. Again, thank you for all your help to date in making TwinWest grow. I look forward to working with you again. Sincerely, Vicki Lucking Director of Communications I I 4, d am i OCT 2 '9Z 10550 WAYZATA BOULEVARD ♦ MINNETONKA, MINNESOTA 55305 ♦ (612) 540-0234 I Crystal, Golden Valley, Hopkins, Medicine Lake, Minnetonka, New Hope, Plymouth, St. Louis Park \7( --- BOARD OF DIRECTORS as ociation of PRESIDENT Karen Anderson metro of ita n y% Minnetonka municipalities - - VICE PRESIDENT David Childs New Brighton 1 `\ PAST PRESIDENT Bob Long St Paul October 1, 1992 DIRECTORS Mr. Frank Boyles Don Ashworth Y Chanhassen Acting City Manager - Plymouth 3400 Plymouth Blvd. Bill Barnhart Plymouth, MN. 55447 Minneapolis William Burns Dear Frank: Fridley Please accept my apology for not responding sooner. We Joan Campbell deeply regret that Plymouth has decided not to continue its Minneapolis AMM membership. Your city has been a valued member since the Tom Egan AMM was formed in 1974 and it has been mutually beneficial. Eagan We recognize that Plymouth along with other area cities have Richard Enrooth financial problems. We also know that the recent St. Anthony legislative sessions have been difficult. However, if it Jerry Linke were not for the AMM, your city and every other city would Mounds View have been a lot worse off! I honestly believe that the AMM was probably the major city factor in the last sessions in Kenneth Mahle Jr. getting the LGTF established, expanding HACA, reducing the Woodbury property tax on high value houses and eliminating levy Betty McCollum limits. This opinion I believe is strongly supported by most North St. Paul metropolitan area city officials who are active in the AMM. However, most AMM activity does not center on revenue issues. SL PaulkOngaro In the past year, the AMM alone -has persuaded the Met Council St Pto forgo seeking `Metropolitan System' status for Housing, Barbara Peterson Water Supply, and Surface Water Management. If any of these Orono would have occurred, your additional direct planning costs Jim Prosser would exceed your AMM dues. Richfield As long as the AMM has a sufficient membership base, it can Craig Rapp continue to be a major positive factor at the state and Brooklyn Park regional levels on behalf of its members and non-members as well. However, if too many cities decide to stop paying Tom Spies Bloomington their dues and become non-members - - - the AMM will cease to exist and then there will be no strong voice for metropolitan Brenda Thomas area cities. Roseville Gene White _ Prior Lake —1 CIM OCT 2 '92 EXECUTIVE DIRECTOR Vern Peterson 3490 Lexington avenue north, st. paul, minnesota 55126 (612) 490-3301 i Again, we value your membership and we would hope that your 11 city council might again*consider AMM membership in the near future. Sincerely, Vern Peterson, Executive Director cc: Karen Anderson, Minnetonka Councilmember and AMM President P.S. Since your dues are paid through December 31, 1992, we will continue to send you all materials sent to our membership until January 1, 1993. If you and or your councilmembers would prefer not receiving these materials, please let me know. I -2- CIM1, OCT 2 '92 BEST & FLA-NTAGANT ATTORN EY S AT LAti ROBERT L CROSBY CHARLES C.BEHoriST 3500 IDS CENTER DANIEL R W NELSON OF COUNSEL LEONARD M. "DINGTON GEORGE O. 1.1-IICHE CINDY J. LARSON )O11N R. CARROLL ROBERT R.BARTH E.JosEPH LAFAYE 80 SOUTH 8TH STREET JOHN P. BOYLE JAMES D OLsoN, N. WALTER GRAFF GREGORY 11. SOULE ROSS C FORMELL ROBERT M. SILhRE .ALLEN D. BAR' CATHY E. GoRu,, ':'11X EAP0LIS III 55402-2113 CARY. CCHERB GLOVER ARCHIBALD SPENCER RICHARD i.PETERSON PATRICH B. HENNESSY SARAH S.GODFREY CHARLES S. BELLOWS ROBERT J. CHRISTIANSON,JR. TIMOTHY A. SULLIVAN TELEPHONE 10121 339-7121 MARY E SHEAREN \PARD B LEWIS FRAME J. IlAL2 TAMMY L. PI•ST CATHERINE J. COURTNEY FRANR \'OGL BRIAN F. RICE TELECOPIER I612; 339-5897 KEITH J.\ELSEN --- MARINUS W'VAN PUTTEN, JH. TRACY J.\AN STEENDi'RGH TRACY F. KOCHENDORFER DAVID B MORSE DAVID J. ZUBHE JEANNICE M.REDINO JAMES 1 BEST JOHN S.BURTON,JR. _ JAMES C. DIRACLES STEVEN R.KRUGER JAMES P. MICHELS Direct Dial Number: SARAH CRIPPEN MADISON ROBERT D. MAHER 1902•I1W0 ROBERT J. FLANAGAN ROBERT L.MELLER,JR. PAUL E.KAMINSICI DAVID H.JOHNSON 1008.1974 SR SCOTT D. ELLE (612) 349-5641 September 30, 1992 Mr. Tony L. Chen 5605 Lawndale Lane North Plymouth, MN 55446 Re: State v. Chen/Animal-at-Large Citation Dear Mr. Chen: In response to your letter of September 21, 1992, I have checked into the court records regarding the disposition of the above -referenced matter. On August 28, 1992, you appeared in front of Judge Dolores Orey.at the Division III Ridgedale Court in Hennepin County. On that day, you entered into an agreement, which the judge approved, whereby the charge against you was suspended one year for dismissal on the condition that you have no same or similar animal -at -large charges. As a result, you have entered into an agreement before the judge which resolved this matter. The case is closed. There is nothing further to be done. We do not intend to reopen the matter, and the case will not be dismissed until the one-year period expires on August 28, 1993. V�jry truly,\youTs, ohn P. Boyle Assistant City Ate orney City of Plymouth! c !, L OCT -, i jan/5473J cc: Acting City Manager Frank Boyles Chuck Dillerud Chief Craig Gerdes Robert L. Meller, Jr. (with enclosure) C/M OCT 2 '92 =I k-Vb Tony L. Chen, 5605 Lawndale Plymouth MN 55446, Tel. 612-559-0604, 425-2146 Sept.21 , 92 Mr. John Boyly,Assistant City Attorney, City of Plymouth Best & Flanagan 3500 IDS Center 80 S. 8 th St. Mpls, MN 55402-2113 Re: Broken fence / Animal at large, Citation 392-047013-9 Dear John : Your letter of 09/17/92 was received by me, This letter advices you that Tony L. Chen objects to City's improper request to continue for dismissal for one year for the citation mentioned above. Chen requests City to dismiss the citation, withiout any condition. In the year of 1992, the 31st day of Aug. the City Police , Chief and City Manager agreessively pushed and prepared for the denial of Chen's request to appoint a City Fence Viewer's position to review the above mentioned fence dispute because the appointment of City Fence Viewer will creat a chaos in City's law enforcement. Fence Viewer's job is to review the validity of above mentioned citation. Police Chief was vigorously added by City Manager, and Counsel, and provided with more than ample opportunity to offer any evidence at the hearing, which covered several hearing sessions. Police Chief expressively stated at the hearing that citation is based on the police's assessment that : 1. It is Chen's broken fence that caused the animal at large in Knutson's property. 2. City expects Chen to fix up the fence. 3. City cited Chen for animal at large in Knutson's property. Chen denied and contested the above citation, made a written requests City to appoint a Fence Viewer to deny police's assessment. As the appointment of City Fence Viewer's position is to deny Police Chief's assessment, City Manager expects it will creat chaos in City. Police Chief was provided with an adequate opportunity to present any evidence in this matter and that the record was complete, the City decided to appoint City Fence Viewer to review basis of Police fence citation stated above. . 1992 In any event, it is not clear that the so called Police's citation, at this juncture, would have any bearing upon or alter the City's Fence Viewer Resolution that was reached by the City's Commissioners. CSM T 2 92 Police Chief and City Manager has not presented any evidence whatsoever that any of the City Commissioners was incompetent or otherwise incapableof rendering a fair Resolution. Background Fifty years ago, a common legal fence was built between Knutson and Chen, without survey. Knutson pressed City to charge Chen that Chen's sheep broke fence , grazing on his property. Police , without surveying, without consult with City's Fence Viewer's decision, Police decide to cite Chen for sheep at large. . At the same time, Chen alleged that Knutson failed to maintain the legal fence, and Chen alleged that Knutson's horses were at large in Chen's property, Chen pressed Police to Charge Knutson, Police denied Fence Viewer's jurisdiction on fence matter, recklessly, police sided with Knutson, police cited Chen. On Aug. 28, 1992, at district court hearing , Chen agreed with City to dismiss the citation, but can not agree on the condition that Chen to fix up the fence, and continued for dismissal for one year. Chen told Judge that the condition was not acceptable to Chen. Chen's sheep was not at large, and Chen expected Knutson to fix up the fence for Chen, thru City Fence Viewer's decision. This has been a very burndensome and expensive hearing for City and Chen and, for the reasons stated above, it would be unfair and prejudicial to continued the citation dismissal for one year at this time. Sincerely, '---:-;ony L!Chen CIM OCT 2 ,92 September 28, 1992 CATV OF PLYMOUTH - Steven W. Laible Peat Marwick Certified Public Accountants 4200 Norwest Center 90 South 7th Street Minneapolis, MN 55402-3900 SUBJECT: VACATION ACCRUAUUSAGE AUDIT Dear Mr. Laible: The City Council has directed that an audit of vacation accrual and usage for the account of Jim Willis, Plymouth's former City Manager be conducted to verify the accuracy of the ending balance. The Council desires to ensure the accuracy of vacation amounts available to Mr. Willis as severance. Since the review of vacation accrual and usage is part of your annual! audit, it seems prudent to begin with the December 31, 1991 balance and confirm usage and accrual information for 1992 up to Mr. Willis' last active day as City Manager: July 20, 1992. Please let me know when you or a member of your staff would be available to complete this audit. I would be glad to provide you with copies of our personnel policy with respect to vacation accrual and usage administration. More specific information is available in our Personnel and Finance Department files. Feel free to give me a call if you have any questions. My 7ne number is 550-5013. Since lir, U� F yles Acting City Manager FB:keb / cc: Mayor & City Council v City Attorney Finance Director a OCT 2 '92 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 1 September 24, 1992 To: Mayor Bergman and all members of the Plymouth City Council Re: Proposed amendment to the Mission PUD by Baton Corporation for council consideration on October 5, 1992 Dear Mayor Bergman and Council: As citizens of Plymouth and members of the Mission Hills Homeowners Association,- we are extremely concerned with the proposed amendment to the Mission Hills PUD, and by the actions of the Plymouth Planning Commission on September 23, 1992. Following the public hearing on Sept. 23, 1992, the Planning Commission voted to approve the motion for the proposed amendment. This was done despite much public opposition, and by a panel of commissioners, among whom, not one member had taken the time to walk through or view the property personally. We feel this was an outrageous disservice to the residents of Mission Hills. Since the public hearing had closed, we had no opportunity to respond to the inaccurate conclusions drawn by two of the commissioners and to a blatant false statement made by the developer, Mr. Zejdlik of Baton Corporation. The two commissioners stated that they had never been to a public hearing where the public was asking for an increase in density of a proposed project. We, as an association and personally, are not asking for increased density. We are voicing our opposition to the design and impact of the proposed change versus the original PUD design. The proposed amended design will destroy much of the current transition area available between the existing single family homes and the multi- family housing and the only transition area remaining would be a city street. The design leaves a much larger footprint on the available land than that of the original PUD. Although the developer would deny that such destruction would take place, he has conveniently ruled out construction in the wooded zone immediately behind his own residence. How self- serving! ciM OCT 2 '92 1 CL Representatives of the Hennepin County Regional Parks System were' present and expressed their interest in the possible purchase of the property in question. After the public hearing had closed, the commission asked the developer if he was aware of the Park Board's interest , and he said "no". Yet nearly 15 months ago, he knew the homeowners association was in discussion with the Park Board regarding such a purchase. A former member of the Park Board even volunteered at the public hearing to head a committee of representatives from the city, the homeowners association, Park Board and the developer to see how such a purchase could be accomplished. This should at least be pursued before any other action is taken. The original PUD, developed in the 1970's, met the anticipated needs of those times. Nearly 20 years later, the City of Plymouth has become much more astute in knowing what a PUD should include, especially the need for transition between elements of the PUD. We ask you to please visit the area in question, review the actions of the Planning Commission on the two previous attempts by the developer to amend the PUD, both of which were unanimously defeated. Their points in voting down those amendments are valid regarding this proposed amend- ment Consider the history and reputation of this developer in his dealings with the city. I 1 After having done so, we hope you will see that denying this amendment is the only reasonable action that can be taken. Sinc rely, Hugh and Mary Norsted 4075 Goldenrod Lane Plymouth, MN 55441 elm OCT 2 W DAVERN McLEW & PEZAU A Attorneys at Law September 18, 1992 CERTIFIED MAIL. RETURN RECEIPT REQUESTED City of Maple Grove 9401 Fernbrook Lane North Maple.Grove,.MN 55369 City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447, = \% e---, DONALD M.ARDERY THOMAS J. DAVERN R. JEFFREY McLEOD' LEE W. MOSHER• STEPHAN A.PEZALLA 'Professional Association JAMES H. RUSSELL Of Counsel ROBERT L. BOOK Legal Assistant Re: Retaining Wall Encroachment from Lot 9, Block 3, Blonigan Addition, Maple Grove, onto Lake Camelot Estates, Plymouth Dear Sir or Madam: I represent the former owner, Boschee Homes, Inc., and the current owners, David Buchele and Linda Buchele, of Lot 22, Block 3, Lake Camelot Estates, which is located on the boundary between Maple Grove and Plymouth. The subject property is subject to an encroachment from a retaining wall and fence apparently built by the owners of Lot 9, Block 31 Blonigan Addition, in Maple Grove (Richard Gladen and Jan Gladen). The retaining wall also encroaches onto Lot 21, Block 31 Lake Camelot Estates according to the survey prepared by Raymond Prasch, a copy of which enclosed. The encroachment is located in a utility and drainage easement in the City of Maple Grove and also in a utility and drainage easement in the City of Plymouth. I have earlier written to Donald J. Fraley, the attorney for Mr. and Mrs. Gladen, asking that the encroachment be removed. I enclose a copy of my letter to Mr. Fraley dated August 14, 1992. The Gladens have refused to remove the encroachment. From my review of the facts and the law, it appears that the retaining wall was built by the Gladens without a required building permit. Further, it appears that if a building permit had been applied for, it would have been denied. CIM OCT z 'u 150 VALLEY SQUARE CORPORATE'CENTER 7500 OLSON MEMORIAL HIGHWAY • GOLDEN VALLEY, MINNESOTA 55427 TFTPPRONT:AT2•S45.5600 Facstnile612.545.5655 City of Maple Grove City of Plymouth September 18, 1992 Page Two I ask that the City of Maple Grove and the City of Plymouth take action to obtain removal of'the retaining wall from the utility and drainage easements. My understanding is that water flows from the West to the East in the area of the retaining wall and that the retaining wall obstructs the flow of water in Maple Grove and diverts it into the City of Plymouth outside of the drainage easement area. 1 I ask that each of the two cities advise me of their enforcement efforts and also advise me whether my view of the facts or the law is in any way incorrect. If this matter is not resolved promptly I have been instructed to institute legal action as necessary to compel the removal of the easement and obtain compensation for the costs incurred by my clients in obtaining marketable title. Please contact me if you have any questions or would like any further information. I look forward to hearing from you. Very truly yours, Lee W. Mosher djj 321601.MG1 Enclosures cc: Mr. and Mrs. Buchele Boschee Homes, Inc. ciM OCT 2 '92 •. 0 l September 29, 1992 Mr. Robert Meller, Jr., City Attorney BEST & FLANAGAN 3500 IDS Center 80 South 8th Street Minneapolis, MN 55402-2113 SUBJECT: JAMES E. TILLER LETTER HOLLYDALE GOLF COURSE SURFACE WATER DRAINAGE Dear Robert: wry --o Attached is a copy of a letter which the City received from James E. Tiller, Attorney representing the Hollydale Golf Course. The letter is concerning surface water drainage which they state is or may be affecting the golf course. In the letter he refers to the need to clean an existing drainage ditch and also the increased drainage from the Golfview Addition and that proposed by Lundgren Brothers. As part of the City's approval for any developments, the City has recognized that there is additional runoff when the land is converted from an open or agricultural use to development. For this reason as part of the City's approval, we are requiring in both of these referenced developments that the developer create holding ponds in order that the rate of runoff is not increased over the preexisting conditions. After development is completed, the rate at which water leaves the development is not increased over that which previously existed. Mr. Tiller also has reference to an existing drainage ditch to Vicksburg Lane. A similar question on the maintenance of these drainage ways arose several years ago and I asked the City Attorney for his opinion on the responsibility of the City to provide maintenance. I am enclosing a copy of a letter from Herbert P. Lefler, City Attorney, dated May 24, 1984 addressing this same issue. In summary, his letter stated that the City had no legal obligation to correct problems on these drainage ways, and therefore, no exposure. I am requesting your opinion on the letter from James Tiller and whether the City has any exposure or liability, and therefore, should do the improvements as requested. There is one existing culvert in this drainageway under County Road 9. I will investigate whether this culvert is partially blocked and if so will inform the County that it requires maintenance. CIM OCT 2 IN 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 September 29, 1992 Mr. Robert Meller Page Two If you have any questions on the opinion I am requesting, please contact me. I Sincerely, Fred G. Moore, P.E. Director of Public Works FGM:kh enclosures cc: Frank Boyles, Acting City Manager Daniel L. Faulkner, City Engineer CIM OCT 2 '92 LeFevere p2�222324�S Lef ler (C,/101 2 ���� Kennedy 41gY9O'Brien & 0V� �Drawn X49 w:l xwiaixm gal 68195'��'2 2000 First Bank Place West May 24, 1984 Minneapolis Minnesota 55402 Telephone 612-333-0543 Mr. Fred Moore With this as a background, you asked three questions, to - wit: l.' Can the City require the property owner to remove the obstructions? Section 2010 of the Plymouth City Code deals with general nuisances and Section (b) of Section 2010.01 might conceivably be used to require the property owner to remove these blockages. However, this ordinance has been intended to prevent unwholesome and noxious substances rather than just general debris and I would be leery of successfully applying it to the situation which you outline. CIM OCT 2 *U Director of Public Works Clayton L. LeFevere City of Plymouth Herbert P. Lefler J. Dennis O'Brien 3400 Plymouth Boulevard John E. Drawz Plymouth, Minnesota 55447 David J. Kennedy John B. Dean Glenn E. Purdue In re: Maintenance of Natural Drainageways Richard J. Schieffer Charles L. LeFevere Dear Fred Herbert P. Lefler III Jeffrey J. Strand Mary J. Bjorklund I am responding to your letter of May 22, 1984 in which you John G. Kressel Dayle Nolan expressed concern and asked certain questions regarding the Cindy L. Lavorato maintenance of natural drainageways in the City. You advised Michael A. Nash that these drainageways are normally small streams which Brian F. Rice Lorraine S. Clugg naturally carry the flow of storm waters to lower areas James J. Thomson, Jr. where they eventually drain out of the City. You further James M. Strommen advised that the City has no easements over these drainage - Mary C. Nielsen ways and—Ehat they are under private ownership. The problem that you allude to arises by virtue of debris clogging up the natural drainageways and causing, in instances of severe storms, flooding of adjacent lands. Many of these drainageways are blocked by fallen trees, some of which are dead Dutch elms. With this as a background, you asked three questions, to - wit: l.' Can the City require the property owner to remove the obstructions? Section 2010 of the Plymouth City Code deals with general nuisances and Section (b) of Section 2010.01 might conceivably be used to require the property owner to remove these blockages. However, this ordinance has been intended to prevent unwholesome and noxious substances rather than just general debris and I would be leery of successfully applying it to the situation which you outline. CIM OCT 2 *U Mr. Fred Moore May 24, 1984 Page 2 2. Does the City have the right to enter onto private property to remove these obstructions? The answer to this question is no unless the ordinance referred to'in 1. above is f used, in which case there is an abatement; provision which would permit an officer of the City to abate the nuisance and with respect to blockages caused by infected Dutch elm trees there might be, by a stretch of the meaning of the ordinance, an opportunity to abate the downed Dutch elms as well. Generally speaking, however, I would have to say that we have no right to enter onto private property to remove, the obstructions. 3. Who is responsible if the obstructions are not removed and flooding occurs? Since from the answers to questions 1. and 2. above it appears that the City has no duty to clear out these natural drainageways and probably no obligation under City ordinances, the answer to the question is that the City has no respon- sibility and the matter of recompense for damage by flooding is left to an adjustment between private property owners. Of course, if the City volun- teers to correct the problem and is negligent in its performance of this effort, it can then be held responsible for any damages that occur. In summation, it would be my opinion that there is no legal obligation on the part of the City to correct these problems and that being so, there is no exposure. Any action that the Ci� txght take_ ' 1 create an exposure where none now exists. Yours very truly, Herbert P Lefler HPL:np CIM OCT 2 '92 Bill Deziel of Hollydale Golf Inc. requested I write this letter to express his concerns concerning surface water drainage both upstream and downstream from his property. The drainage ditch from Hollydale Golf southeast passing under County Road 9 and southeasterly to Vicksburg has not been cleaned or improved for years. other ditches in Plymouth have been cleaned and properly sloped and planted with grass to take increased run-off from developing areas. No improvements to handle rapid run-off has been provided for the described ditch which runs through Hollydale Golf Course property. The development of Golfview Addition will increase run-off dramatically even through it has ponding areas. I also understand a developer, Lundgren Bros., has purchased the land to the west of Holly Lane which will increase run-off through Hollydale Golf Course. Hollydale Golf Course has been operating for over 27 years and has never had to close due to fairways being flooded, however, it is the opinion of my clients that unless the ditch to Vicksburg and culvert under County Road 9 are improved they will have major flooding on Hollydale Golf Course. Mr. Deziel proposes that the City construct a ditch on the southerly property line of Hollydale Golf Course to catch the water from Golfview Addition as well as the proposed development by Lundgren Bros. to the west of Holly Lane. My clients further demand that the entire ditch be cleaned and improved to accommodate the increased flow 0M OCT 2 '92 JAMES E. TILLER Y ATTORNEY AT LAW n gA 1 a (612) 478-6767 I ! I MAIN OFFICE CORCORAN OFFICE 145 HAMEL ROAD BY APPOINTMENT FARMERS STATE BANK BLDG. September 14, 1992 FARMERS STATE BANK BLDG. HAMEL, MINNESOTA 55340 CORCORAN, MINNESOTA 55340 City Manager City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 In Re: My Client - Hollydale Golf Inc. Surface Water Drainage Gentlemen: Bill Deziel of Hollydale Golf Inc. requested I write this letter to express his concerns concerning surface water drainage both upstream and downstream from his property. The drainage ditch from Hollydale Golf southeast passing under County Road 9 and southeasterly to Vicksburg has not been cleaned or improved for years. other ditches in Plymouth have been cleaned and properly sloped and planted with grass to take increased run-off from developing areas. No improvements to handle rapid run-off has been provided for the described ditch which runs through Hollydale Golf Course property. The development of Golfview Addition will increase run-off dramatically even through it has ponding areas. I also understand a developer, Lundgren Bros., has purchased the land to the west of Holly Lane which will increase run-off through Hollydale Golf Course. Hollydale Golf Course has been operating for over 27 years and has never had to close due to fairways being flooded, however, it is the opinion of my clients that unless the ditch to Vicksburg and culvert under County Road 9 are improved they will have major flooding on Hollydale Golf Course. Mr. Deziel proposes that the City construct a ditch on the southerly property line of Hollydale Golf Course to catch the water from Golfview Addition as well as the proposed development by Lundgren Bros. to the west of Holly Lane. My clients further demand that the entire ditch be cleaned and improved to accommodate the increased flow 0M OCT 2 '92 i o-3� City Manager - City of Plymouth My Client - Hollydale Golf Inc. - Surface Water Drainage Page Two caused by development of the aforementioned projects. Hollydale is anxious to work with the City in order to prevent a flooding problem due to increased run-off, however, in the event the City ignores this request Hollydale will hold the City liable for damages and loss of revenue caused by flooding of fairways-of'the golf course. Please review this letter and make a written response. Sincerely, JAMES E. TILLER, ATTORNEY AT LAW Copy To: Dan Faulkner City Engineer Copy To: William Deziel JET: ma i t i llI .I c!M OCT 2 '92 October 1, 1992 %N 'C PCITVF PLYMOUTR Mr. James E. Tiller Attorney at Law 145 Hamel Road Farmers State Bank Building Hamel, MN 55340 SUBJECT: HOLLYDALE GOLF COURSE SURFACE WATER DRAINAGE Dear Mr. Tiller: Your letter of September 14, 1992 concerning drainage of the Hollydale Golf Course has been referred to me. Before I can respond to your letter, I have requested the City Attorney's opinion on the City's responsibility'to maintain natural drainage ways. After I receive the City Attorney's opinion, I will respond to your letter. My response should be before November 1. If there are any questions, please.contact me. Sincerely,, Fred G. Moore, P.E. Director of Public Works FGM:kh cc: Frank Boyles, Acting City Manager Caf OCT 2 '92 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 ROBERT L CROSBY LEONARD M. ADDINGTON ROBERT R.BARTH N.�IALTER GRAFF ALLEN D. BARNARD RICHARD A. PETERSON ROBERT J. CHRISTUONSON,JR FRANE J.15ALZ FtR�AMs '-OG L NIARINCS W. VAN PCTTEN, JR. DAVID B. MORSE JOHN A.BURTON,JR. JAMES C. MRArLES ROBERT L.MELLFR,JR. SCOTT D. ELLER BEST & FLANTAGAN' ATTORINEYS AT LA%v CHARLES C.BF.ROI'1ST GEORGE O. LuDCHE E.JosFPH LAFAvE GREGORY D. SOI'LE CATHY E. GOBLIN PATRICH B. HIINNESSI TIMOTHY A.SI-LLIVAN TAMMY L.PUST BRIAN F.RIcE TRACY J. VAN STEENBI'H(:H DAVID J. ZCRHE STEVEN R.KT?t:(:F.R JAM FS P. MICR EIS PAPL EJL.N 1NSH1 3500 IDS CENTER .80 SOUTH 8TH STREET MINNEAPOLIS M -N 55402-2113 TELEPHONE (012) 039-7121 TELECOPIER 1612) 339-5897 September 28, 1992 Ms. Helen LaFave Communications Coordinator City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 RE: Newspaper Tube Placement Dear Helen: It was a pleasure talking with you the other purpose of this letter is to briefly outline the newspaper to place a newspaper tube on a mailbox. DANIEL R.W. NELSON CINDY J. LARSON JOHN P. BOYLE Ross C. FORM ELL CARYN SCHERB GLOVER SARAH S.GODFRF.Y MARY E.SHEAREN CATHERINE J. COURTNEY KEITH J. NELSEN � TRACY F. HOCHENDORFER, JEANNICE M. REDING SARAH CRIPPEN MADISON ROBERT D. MAHER DAVID H.JOHNSON g OF COUNSEL JOHN R.CARROLL JAMES D OL.SON ROBERT M. SHARE ARCHIBALD SPENCER CHARLES S. BELLOWS NVAR71 B LEWIS JAMES 1 BEST 190= 1988 ROBERT J. FLA\AGAN 1898.19)3 ---• I):L r -y day. The right of the The United States Postal Service Domestic Mail Manual in Section 151.529 reads: Newspaper Receptacles. A receptacle for the delivery of newspapers may be attached to the post of a curb side mailbox used by the Postal Service, provided: no part of the receptacle touches or is attached to or is supported by any part of the mailbox, interferes with the delivery of mail, obstructs the view of the flag, or presents a hazard to the carrier or his vehicle. The receptacle must not extend beyond the front of the box when the box door is closed. No advertising may be displayed on the outside of the receptacle, except the name of the publication. While some homeowners might be surprised to learn this,lthey in fact do not own their mailboxes. The mailboxes are considered United States property and are controlled by the United States Postal Service. In addition, there is some state law which disallows the installation of a mailbox which amounts to a public hazard. Minnesota Statutes Section 169.072 states: CIM GOT 2 12 f Ms. LaFave September 28, 1992 Page 2 "A mailbox installation or support on a public highway that does not meet the breakaway and location standards contained in rules adopted under Subdivision 2 is declared to be a public nuisance, a road hazard, and a danger to the health and safety of the traveling public." Using the above quoted language, if a resident feels that the placement of the mailbox or the newspaper tube on the mailbox is a hazard, they should contact the City immediately. Also, as a practical matter, if a resident does not wish to have a newspaper tube attached to his box, I would recommend that they directly call the newspaper. In talking with people at the Star Tribune, ADS and the Pioneer Press, they all assured me that if a resident complains about the tube, that they are more than willing to remove it. Please let me know if I can be of any further assistance to you on this or any other matter. yours, t• Paul E. Kamins i PEK/kd/6356K cc Robert L. Meller, Jr., City Attorney Frank Boyles, Acting City Manager September 29, 1992 Mr. Jeff Olson 4705 Quaker Lane Plymouth, MN 55442 SUBJECT: YOUR LETTER OF SEPTEMBER 17, 1992 POND MAINTENANCE Dear Mr. Olson: I am responding to your letter of September 17, 1992 concerning the maintenance of the pond located behind your home at 4705 Quaker Lane. Your letter referred to the excessive amounts of algae which youl have noticed on numerous occasions on the pond. The City of Plymouth, does not have a program to provide for the treatment or removal of algae Ifrom ponds. I am also unaware of any watershed, state or federal organizations that provide any type of program. The City does do maintenance on storm sewer pipes that enter and exit ponds to remove any siltation which might block the flow of water. Several ponds within the City which are similar to the one by your home are treated with a chemical by the adjacent property owners to control the growth of algae or duck weed. A majority of the pond behind your home is located on City owned neighborhood park property. Any chemical treatment of the pond would require approval of Park and Recreation Director, Eric Blank. Also, the treatment must be done by a licensed applicator and have the approval of the Department of Natural Resources. The person to contact at DNR is Ceil Strauss, telephone number 77217910. There are hundreds of ponds similar to your pond within the City.! This would require substantial overall funding for treatment, and because of budget limitations and the fact that the City must establish priorities on the tax funds available, this type of pond treatment program has not been funded.by the City. Sincerely, Fred G. Moore, P.E. Director of Public Works FGM:kh enclosure cc: Frank Boyles, Acting City Manager Eric Blank, Director of Parks and Recreation C'm Oi;T 2 '92 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 5 YeITI-A T � KV ve t YA_ September 17, 1992 City Manager City of Plymouth 3400 Plymouth Blvd. Plymouth,Mn 55447 Attn: Mr. Jim Willis Dear Mr. Willis, Recently, I moved into the area and decided to write this letter pertaining to some concerns of a pond located in the back of my home. The pond has an excessive amounts of algae and on numerous occasions have noticed ducks and other birds struggling to get out of the pond. Due to this, I was wondering if there is an enviromental agency that would clean this pond . Would appreciate your reply. ;7e:�t Olson 4705 Quaker Lane Plymouth,MN 55442 Telephone 551-4687 CIM OCT 2 '92 i October 1, 1992 CITY OF PLYMOUTR Ron Rosenzweig 5105 Oakview Lane Plymouth, MN 55442 SUBJECT: STATUS REPORT Dear Mr. Rosenzweig: The City Council has asked that I contact you to provide a status report on a possible train whistle ban in Plymouth. We have learned that it is possible to prohibit train whistles within the developed portion of the community. If such an ordinance were to be enacted, the Council seems to desire that lights and drop arms be installed first at each affected railroad/street intersection. The cost of these improvements is estimated at $360,000. We have tried to identify funding sources for such improvements: I, 1. Special Assessments: Normally, improvements of this nature which have a special, rather than city-wide benefit, are funded by special assessments. The City Attorney has investigated the special assessment statutes and finds that there is no basis for the City to assess these improvements against benefiting properties. 2. Ad Valorem ffT peri X Tax. This source of funding is normally reserved for improvements which benefit the community in general. Historically, this has been a very sensitive source of revenue and the state has limited our ability to generate such taxes. In light of these facts, the City Council is reluctant to use valorem taxation for this purpose. 3. Tax Increment Financing. We have considered Tax Increment Financing, but these funds were earmarked for construction projects when the plans were assembled. To the extent that these funds were used for this purpose; they would not be available for the construction projects they were established for. The Council would have to revise their policy with respect to use of these funds. 1, t CSM OCT 2 '92 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 Ron Rosenzweig October 1, 1992 Page 2 4. Funds From Other Sources. We have checked with the Federal Railroad Administration, Minnesota Department of Transportation, and Soo Line Railroad. The Minnesota Department of Transportation administers federal dollars for railroad/street intersection improvements. To be eligible to 80% funding for improvements, the intersections must meet certain criteria regarding street and railroad traffic activity, as well as visual or safety problems. We are assembling the information necessary for the state to review our intersections. I am told that they should be able to respond yet this year. I wish I could say that things were moving faster, but at least there may be some glimmer of hope for funding the improvements. If you have other ideas on how we might progress, feel free to attend the City Council's October 26 forum which begins at 6:30 p.m. In any case, I will contact you in December to let you know the results of the Minnesota Department of Transportation review of our funding request. In the meantime, call me at 550-5013 if you have questions. Acting City Manager FB:keb cc: Mayor & City Council Fred Moore, Public Works Director Dan Faulkner, City Engineer S.F. 12/15/92 CIM OCT 2 '92 September 30, 1992 Mr. Frani: Boyles, Acting City Manager City of Plymouth 3400 Plymouth Blvd. Plymouth, T -IN. 55447 Isar Mr. Boyles: L7- k `1 We neighbors residing along the South Shore Drive portion of Medicine Lake reiterate our desire to have the South --Shore Park Landscaping Project implemented in 1993. The project encompasses city property located adjacent to and southwest of the East Medicine Lake Park. The parcel is situated between the south shore industrial complex (Ryerson Steel, The, Geneva Group, etc.) and Medicine Lake. This particular "dead end" street receives heavy pedestrian and bicycle usage during favorable weather because of its proximity to the'park and the low volume of relatively slow moving vehicle traffic. i Those of us who have lived here since the 1950's have seen trees, meadows and wetlands replaced by the asphalt, concrete and steel of industrial development. We cannot return to yesteryear, nor do we oppose the presence of industry so vital to our economy. We believe, however that industry, accompanied by its sometimes inherent noise and unpleasant appearance, would have less negative impact on the bea(ity and serenity of the lake with the creation of a "buffer zone" of trees. The South Shore Part: Landscaping Project has been proposed several times in previous years. In the past six months a petition regarding the improvement was, signed by every affected household and submitted to the former city manager. Most recently the proposal has been discussed by telephone with Mayor Bergman and approved by the Park and Recreation Advisory Commission as well as the Planning Commission. The project is scheduled to commence in 1993 under the 1993-1997 Part: Capital Improvement Program. PLEASE KEEP IT TEM! The entire community will benefit. I In the words of Thomas Fuller: besides himself." Sincerely, "He that plants trees loves others Russe a.ng \ Bridget Jodell Chairpersons of the South Shore Park Landscaping Pro cc: Financial Advisory Committee Mayor & City Council CIM OCT 2 '92 October 2, 1992 14 CITY O� John Matthews PLYMOUTR National Bus Company 7434 Washington Avenue Eden Prairie, MN 55344 Dear Mr. ].dews: Just a quick note to confirm our conversation from earlier today. Regarding the incident of September 18 in which a passenger reported (for the second time) that the driver on the 91C was inattentive to changing traffic conditions, it is our understanding that the driver has been dismissed. Regarding the capacity problems on the dial -a -ride service due to increased use by school children, we understand that Metrolink vehicles will be used to meet the increased demand and existing dial -a -ride service will ndbe affected. The additional service is approximately 3 hours per day and the cost will be billed at the current dial -a - ride rate of $24.96 (less fare box revenue). Frank was told several months ago that this was how the increased demand by school children was being handled - if there is any change to this procedure contact Frank immediately. Please proceed with the lettering of the dial -a -ride vehicle and have the lettering and signage sized in a manner similar to our present dial -a -ride vehicles. I have reviewed the material you faxed me and it is . satisfactory with the change we discussed about placing the "Dial -A -Ride" over the telephone number on the sides of the vehicle. The vehicle will be all white with the exception of a black stripe running along the bottom of the vehicle. Once this vehicle is lettered, it is our understanding that all Plymouth Dial -A - Ride vehicles will be completely lettered. For the charter serviceon October 21, please have your vehicle at Plymouth City Center, (3400 Plymouth Boulevard) and ready for service at 7:25AM. The vehicle will be used to shuttle City employees every 15 minutes to an open house at the City's public works facility which is located at 14900 23rd Avenue North (approximately 5 minutes from City Center, just south of HWY 55). The shuttle will operate until 10:00 Alvi. I understand that you will provide a Plymouth Metrolink vehicle at a cost of $30 per hour. Finally, I mentioned that I have taken a full time position with Lorenz Bus Service and as a result I will be completing my duties with the City on October 9. I have enjoyed working with you in the short time that I have been with the City and wish you the best. That's all for now! S. cerely, Mark E. Ryan CC: Frank Boyles CIM OCT 2 '92 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000